Mr. Speaker, I appreciate the ability to stand in the House this evening to discuss this bill that has been brought forward through the justice committee. I have the privilege of chairing the public safety and national security committee. One thing that I think all of us realize is the number of issues that arise around mental health issues. We have seen in it in the news and at committee. We understand this is one of the issues we have to deal with.
This issue is not just of concern to members of Parliament. It is increasingly of concern to many Canadians. The question that lies at the heart of this bill is how to ensure public safety is paramount when decisions are made about individuals who have been found not criminally responsible for their criminal offences on account of mental disorders. This bill would amend the Criminal Code and the National Defence Act's mental disorder regime to ensure that public safety is the paramount consideration and that victims no longer feel left out of the process. The changes to the National Defence Act essentially mirror those being proposed in the Criminal Code to ensure that public safety and victim-related improvements also apply when dealing with individuals who have been found not responsible for offences within the military justice system.
I am going to focus my comments this evening on the elements of the bill that relate to victims. On the day the bill was introduced, the Prime Minister and the Minister of Justice emphasized that this bill aims to enhance victims' safety and involvement in the decision-making process. It is important to make sure that our laws reflect those objectives explicitly and adequately.
The victims of individuals who are found not criminally responsible are concerned that inadequate consideration is given to their safety by the review boards when a decision is made regarding a mentally disordered person who has been accused of a criminal offence. Victims have also raised concern about the fact that they have no way of knowing when an accused who is found not criminally responsible has been released into or given access to their communities. They are, therefore, afraid that they may encounter the accused person unexpectedly and without being adequately prepared. We know of the damage that can be done when those types of incidents take place, where the ones who have been victimized all of a sudden bump into accused persons at the neighbourhood grocery shop or wherever it may be in their communities. Bill C-54 would address these issues.
I am very pleased to note that Bill C-54 includes specific measures to better protect victims. The bill expressly provides that when a court or review board decides on a course of action relating to a mentally disordered accused person, the victim's safety would be taken into consideration. That is the first thing, that they view this through the scope of the victim.
In addition, the proposed reforms would allow the court or review board to order that the person found not criminally responsible abstain from communicating with the victim. We know of occasions where victims become re-victimized when alleged offenders or the ones not guilty because of mental disorders then begin communicating with the very people they have victimized.
In addition to the reforms relating to victims' safety, Bill C-54 proposes amendments to improve notification to victims and enhance victims' involvement. The bill provides that at a victim's request, he or she will be informed when a mentally disordered accused person is being absolutely or conditionally discharged.
Victims may also request to be informed of the holding of any hearing in respect of the accused, including hearings concerning any possible finding that an accused is high risk or revocation of such a finding. This bill would increase awareness to society, but also certainly to the one victimized.
Since some victims do not wish to participate in the hearings and thus relive the trauma of the incident, they have been given the choice of not requesting notice. However, again, the victim decides. It is up to the victims to choose whether they want to appear or be made aware of any of these requests.
The notice will enable victims to exercise their right to file a victim impact statement if they desire, for consideration by the court or by the review board, outlining the harm done to them or the loss that they have suffered.
I am very pleased to see how the bill adds to the government's many initiatives to meet the needs of victims. Since the federal victim strategy was announced in 2007, our government has supported many different measures to meet the needs of victims of crime, including enhancing the victim assistance program across Canada and increasing the capacity of non-governmental organizations to deliver victim impact statements or to deliver victims' services.
The bill is full of public safety measures to make certain that the guiding principle of protection of society remains the guiding principle. In addition the specific measures, I am pleased the bill includes that.
The Prime Minister stated on February 8, “Canadians want a justice system that puts the safety of our communities and our families first”.
The legislative amendments proposed in the not criminally responsible reform bill will clarify that the safety of the public is the paramount consideration in the court and in the review board decision-making process in respect of individuals found to be not criminally responsible on account of mental disorder or also if they are found to be unfit to stand trial.
The proposed bill will also amend the Criminal Code to create a process by which a court may find that a not criminally responsible accused is a high-risk accused. The court can make this finding with regard to individuals who has been found not criminally responsible for a serious personal injury offence where there is a substantial likelihood that they will use violence that they will endanger the life or safety of another person.
There are several effects of this high-risk designation. A high-risk accused would have to remain in hospital and a review board would not be authorized to order a conditional or absolute release until a court had revoked the finding.
Moreover, the review period for an accused found to be high risk would be extended for up to three years, whereas the general rule that a mentally disordered accused under the jurisdiction of a review board would have his or her case reviewed on an annual basis.
As well, the individual would only be permitted escorted absences from the hospital for medical reasons or reasons related to his or her treatment and in accordance with a structured plan prepared to address risk related to the mentally disordered accused absent from the hospital.
While the bill proposes to make important changes to the mental disorder regime, I feel it is incumbent upon me to point out some things that the bill will not impact. We have already had constituents call us in regard to some of these.
For example, the proposed bill will not impact in any way the access to treatment to which a mentally disordered accused has access. The bill will also not impact the location of detention for mentally disordered accused. They individuals would continue to be detained in appropriate mental health facilities and not in prisons.
The criminal law governing persons found not criminally responsible on account of mental disorder is not well known. Part XX.1 of the Criminal Code comprehensively sets out the law and procedure governing persons found not criminally responsible on account of mental disorder and those found unfit to stand trial. This regime provides for both the supervision and treatment of mentally disordered accused, as well as the protection of public safety.
Another point I would like to make in closing is that although Bill C-54 asks us to consider how to strengthen the law to ensure it protects Canadians from actual threats to public safety, this is not meant to suggest that all people who suffer from a mental disorder commit criminal offences and are dangerous. Some mentally disordered persons will commit minor offences, but others commit major violent offences.
The bill would help to address these issues. It is timely. It was learned over the period of time that we needed to make changes. It is good to hear that the opposition is supportive of these measures as well.