Criminal Code of Canada - section 672.1(1) - Definition of verdict of not criminally responsible on account of mental disorder

section 672.1(1)

INTRODUCTION AND BRIEF DESCRIPTION

This section defines the term verdict of not criminally responsible on account of mental disorder as a verdict where the accused committed the act but is not responsible due to mental disorder.

SECTION WORDING

672.1(1) In this part, "verdict of not criminally responsible on account of mental disorder" means a verdict that the accused committed the act or made the omission that formed the basis of the offence with which the accused is charged but is not criminally responsible on account of mental disorder.

EXPLANATION

Section 672.1(1) of the Criminal Code of Canada outlines the definition of a 'verdict of not criminally responsible on account of mental disorder' within the Canadian legal system. This verdict is passed when an accused individual has been found to have committed the act or omission which constitutes the criminal offence they are charged with, but is not held criminally responsible due to a mental disorder. This judicial verdict is primarily used in cases when an accused individual's mental disorder impaired their ability to form the necessary intent or appreciate their actions, as required under criminal law. As a result, they cannot be held fully accountable for their actions, although they may have committed a criminal offense. The verdict of 'not criminally responsible on account of mental disorder' is therefore an alternative to a traditional guilty verdict, and aims to address the complexities surrounding mental health and criminal justice. In such cases, the accused individual would be subject to a disposition order, which outlines the restrictions, treatment, and monitoring required to reintegrate them into society. The disposition order and the diagnosis of mental disorder are determined by a medical expert, following an assessment of the accused individual's mental state and history. Overall, section 672.1(1) of the Criminal Code of Canada acknowledges the importance of mental health and recognizes that individuals with a mental disorder may not be fully responsible for their actions. The verdict of 'not criminally responsible on account of mental disorder' provides an alternative solution to criminal accountability, while emphasizing the need for appropriate care and treatment for individuals facing mental health challenges in society.

COMMENTARY

Section 672.1(1) of the Criminal Code of Canada is a crucial component of the criminal justice system in Canada. It defines the verdict of "not criminally responsible on account of mental disorder" (NCRMD), which is a decision that a court can make in cases where the accused has been charged with a criminal offense, but their mental capacity at the time of the offense is in question. The NCRMD verdict means that the accused is not held criminally responsible for their actions because they were not in control of their mental faculties at the time of the offense. Instead, they are directed to undergo psychiatric treatment and rehabilitation until they are deemed fit to be returned to society. While the accused may not be held criminally responsible for their actions, they are still required to undergo treatment and supervision, and they may not be immediately released into the community. The NCRMD verdict is often used in cases of severe mental illness, such as schizophrenia or bipolar disorder. As mental illness can impact an individual's behavior, emotions, and thoughts, it is understood that their actions may have been beyond their control. In such cases, holding the individual solely responsible for their actions would be unjust, as they were not able to understand the nature or consequences of their actions. The NCRMD verdict is a vital legal tool that ensures that individuals with serious mental illness are treated with care and compassion, rather than being punished for something that was beyond their control. It also seeks to balance the need for public safety with the interests of individuals with mental illness. By ensuring that individuals receive appropriate treatment and rehabilitation, there is a greater chance that they will be able to reintegrate into society successfully. However, the use of the NCRMD verdict has not been without controversy and criticism. In some cases, the verdict has been used as a defense for violent offenders, leading to public outrage. While it is essential to ensure that public safety is protected, it is equally crucial to recognize the complexities of mental illness and to treat individuals with compassion and understanding. In conclusion, Section 672.1(1) of the Criminal Code of Canada provides an essential framework for the use of the NCRMD verdict. It allows for a fair and just judicial process for individuals with mental illness who may not be held criminally responsible for their actions. However, it is important to approach the use of the NCRMD verdict with caution and care, recognizing the complex nature of mental illness and balancing the interests of public safety with the need for compassion and understanding.

STRATEGY

Section 672.1(1) of the Criminal Code of Canada provides guidance on how to deal with accused persons who have not been found guilty of an offence due to their mental disorder. It is important for legal practitioners to understand this provision and the strategic considerations that come with it. One such consideration is that this provision may be used by the defence in circumstances where they believe that their client may have committed an offence due to their mental disorder. This strategy would involve the defence trying to prove that their client did, in fact, commit the offence but that they were not criminally responsible due to their mental disorder. This could be beneficial to the accused, as they would not be sentenced for the offence if found not criminally responsible. Another strategy that could be employed is for the Crown to argue that the accused is not suffering from a mental disorder and that they should be found guilty of the offence. This would involve the Crown presenting medical evidence to prove that the accused is not suffering from a mental disorder and is therefore criminally responsible for the offence they were charged with. If the Crown is successful in their argument, then the accused would be found guilty of the offence and sentenced accordingly. Another strategic consideration is that this provision of the Code is not a "get out of jail free" card. The court still has to consider what treatment, if any, the accused needs to receive in order to ensure public safety. Defence counsel must ensure that they have a plan for their client's treatment, if found not criminally responsible, and be prepared to argue for specific psychiatric treatment or other support options. Additionally, another strategy is to negotiate a plea deal with the Crown to avoid a trial altogether. This would involve the defence negotiating with the Crown to have the accused plead guilty to a less serious offence in exchange for a lesser sentence. If successful, this would mean that the accused would not have to go through a trial which could be a stressful and lengthy process. In conclusion, legal practitioners must be aware of the strategic considerations involved when dealing with Section 672.1(1) of the Criminal Code of Canada. Depending on the circumstances of the case, strategies such as arguing for a verdict of not criminally responsible, presenting medical evidence, advocating for treatment options and negotiating a plea deal, could all be employed to ensure the best possible outcome for their client.