The Story Of Olivier & Anne-Sophie

Whatever psychosis gripped Bouchard-Lebrun during the incident, was “self-induced”

The Supreme Court of Canada has clarified under which grounds an accused can use a defense of being in a psychotic state.  Quebec resident Tommy Bouchard-Lebrun  committed a vicious assault in October  of 2005, in Mont-Joli, Quebec. Bouchard-Lebrun then claimed he was in a psychotic state after voluntarily taking drugs

Bouchard-Lebrun pushed a man down some stairs, and stomped on his head several times. Bouchard-Lebrun argued that he had an underlying mental disorder that was triggered by the drug use, and therefore should be found not criminally responsible for the attack. A Quebec court found that whatever psychosis gripped Bouchard-Lebrun during the incident, it was “self-induced intoxication” and could not be used as an excuse for his actions.

On appeal, Bouchard-Lebrun argued the “self-induced intoxication” amounted to a “mental disorder” under the Criminal Code, but the Quebec Court of Appeal rejected his argument. It said in its 2010 ruling that the defense of mental disorder was not available to an accused suffering from psychosis induced by drug use in circumstances similar to those in Bouchard-Lebrun’s case.

Now the Supreme Court has dismissed the argument, saying Bouchard-Lebrun could not establish that he was suffering from an underlying mental disorder, since he returned to normal once the effects of the drugs ran their course. The court concluded:

“A malfunctioning of the mind that results exclusively from self-induced intoxication cannot be considered a disease of the mind in the legal sense, since it is not a product of the individual’s inherent psychological makeup,”

If everyone who committed a violent offense while in a toxic psychosis was found not criminally responsible on account of mental disorder, the judge said the scope of the defense would be too broad.

Second time a murder has occurred at Clifton T. Perkins Hospital… only in America maybe

Is it really possible to securely and safely release someone into the community, mere months after they brutally murder someone, as has happened in a number of recent cases in Canada?

For the second time in a little over a year a murder has occurred at Clifton T. Perkins Hospital, a maximum security facility for the criminally insane located in Jessup Maryland.

Twenty four year old Vitaly Davydov from Montgomery County has been charged with murder in the beating death of his roommate 22 year old David Rico-Noyola from Anne Arundel County. Vitaly who suffers from schizophrenia and bipolar disorder had been at the facility ever since he fatally beat his psychiatrist in his Bethesda office in September of 2006.

In 2007 Vitally was found not criminally responsible for the killing because of severe mental illness and was ordered to the hospital until he was determined to no longer be a threat to anyone.

David had been at the hospital since August of 2008 after the Department of Mental Health and Hygiene labeled him incompetent to stand trial for the beating death of his mother 48 year old Ofelia Noyola – Monrroy. He had been scheduled for another competency hearing next month.

This story may have happened in America but it is still a stark reminder of the challenges faced when treating persons with severe cases of mental illness. Some may argue that treatment methods vary between facilities and the severity of the mental illness can differ greatly between individuals. Valid point in some cases maybe.

It would be interesting to have a dialogue with individuals dealing with the mental health community. Hearing their concerns, and comments in regards to areas that are lacking in the Canadian Mental Health establishment is a place to start.