Mr. Speaker, I am pleased to participate in the second reading debate in support of Bill C-54, the not criminally responsible reform act. This bill would ensure that the mental disorder regime found in the Criminal Code and the National Defence Act achieves its objective of protecting the Canadian public by addressing a small but, nonetheless, significant segment of the cases that come before our country's courts, those in which a person is found to be not criminally responsible, or NCR, for his or her actions, on account of mental disorder.
In my remarks today, I would like to explain why I think Bill C-54 is a targeted measure that would advance protection of the public while upholding the fundamental principle that a person found NCR for an offence must be treated differently than an offender who is convicted of a criminal offence.
Before I address the particular reforms contained in this bill, I believe it is critical to state up front what this bill is not about. In particular, this bill is absolutely not about seeking to punish persons found not criminally responsible. In Canada's system of criminal justice, we draw a distinction between, on the one hand, individuals who possess the requisite capacity and intent to know that their conduct was wrong and, on the other hand, those individuals who are so mentally ill that their illnesses prevent them from appreciating the basic tenets of moral culpability that allow them to safely function in our society.
The verdict of not criminally responsible is the means through which our justice system mutually recognizes the fact that harmful conduct was committed, which has real consequences for the victims and society more broadly, and the reality that the individual who committed that conduct suffers from a mental disorder. It is for this reason that Bill C-54 would maintain the distinction between those found not criminally responsible and those who are convicted. The mentally disordered regime in the Criminal Code and National Defence Act creates a separate process that aims to determine the risk that the person poses to society and decides how to best mitigate that risk in all of the surrounding circumstances.
However, Canadians agree that one key consideration that is common to persons found not criminally responsible and to those who are found guilty is the protection of the public. The Supreme Court of Canada has rightfully recognized in its 2010 decision in Regina v. Conway that public safety is paramount. As a result, sometimes there is simply no other choice than to restrict the liberty of an individual who is very ill in order to mitigate the risk that his or her unique illness poses to others, to ensure that the risks to the safety of our communities are meaningfully addressed irrespective of their source. Society expects no less of the government. That is what Bill C-54 aims to achieve: a tailored and fair procedure to confront the real and significant risks posed by a small number of ill persons who commit criminal conduct.
Bill C-54 would achieve its objective by establishing a new tool for Crown prosecutors that mitigates the risk posed by a small subset of accused who are found to be not criminally responsible. That tool is the discretionary option for the Crown to apply to seek a determination that a particular individual is a “high-risk accused”. The high-risk designation made by the court is to be based on all of the relevant circumstances and evidence relating to that individual's particular illness, treatment and behaviour.
In assessing the merits of Bill C-54, it is important to situate this high-risk designation in its proper context. It is not a mandatory procedure and it would not be used in each and every case where a person is found not criminally responsible. This is because the risk posed by a person who is seriously ill depends on the unique facts of his or her case. This high-risk designation would only be available in cases involving serious personal injury offences, where a court is satisfied that there is a substantial likelihood that the accused would use violence that could endanger the life or safety of another person, or where the court is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person.
I am confident that Crown prosecutors will exercise their discretion to bring such an application in instances where the public interest in keeping our communities safe is present. A further feature of the process is that the threshold in the proposed test for the high-risk designation is higher than the threshold in the standard test under the current law for continuing to supervise a mentally disordered accused and the burden of meeting this threshold is on the Crown, not the accused.
Bill C-54 also recognizes that the risk to public safety of an individual can change over time. High-risk NCR accused would still be entitled to regular reviews to determine their progress. The starting point is for them to receive annual reviews, but this review period could be extended up to three years if the accused and the Crown consent. The period can also be increased at the discretion of the review board members if they are satisfied that the high-risk NCR accused person's condition is unlikely to improve in the following three years.
This is an incremental change from the current law that already allows for extending the review period from one year to two years. It is a sensible approach that properly recognizes that each and every illness is unique, including such grave conditions that so profoundly affect the behaviour of individuals. When seen through this perspective, it becomes abundantly clear that Bill C-54 is a just and reasonable approach.
I am sure we all recognize that all serious offences are tragedies for the victims as well as for our communities. Bill C-54 would preserve confidence in the administration of justice, protect the safety of the public and uphold fair treatment of ill persons who are found not criminally responsible. It is a targeted bill that I am proud to stand in support of.
