Coming into Force of the Not Criminally Responsible Reform Act

Federal government actions leading to better protection of Canadians and their communities
July 11, 2014 – Ottawa – Justice Canada

Bill C-14, the Not Criminally Responsible Reform Act, came into force across Canada today. This new legislation strengthens the Criminal Code’s decision-making process relating to accused persons found Not Criminally Responsible (NCR) on account of mental disorder to make public safety the primary consideration, enhance victim safety, and provide victims with a stronger voice in the process. Minister of Justice and Attorney General of Canada Peter MacKay highlighted its significance today.

Quick Facts

  • Bill C-14 ensures that public safety comes first when courts make decisions with respect to any accused person found NCR or unfit to stand trial on account of mental disorder.
  • In addition, for even greater public safety, those NCR accused persons who are found by a court to pose a higher risk of committing future acts of violence, the legislation creates a new high-risk designation process. Upon being designated by a court as high-risk, an NCR accused would be held in custody in a hospital and could not be released by a review board until the high-risk designation was revoked by a court.
  • Other effects of being designated as a high-risk NCR accused include a possible extension by the review board of the period between reviews (up to three years), the denial of unescorted passes into the community, and the condition that escorted passes could only be granted for medical reasons and subject to sufficient safeguards to protect public safety.
  • The legislation also enhances the safety of victims by ensuring that they are specifically considered when decisions are being made about mentally disordered accused persons; ensuring that they are notified when such an accused is discharged and where they intend to reside, if the victims so desire; and allowing for non-communication orders between the accused and the victim.
  • The reforms do not affect access to treatment for any mentally disordered accused person.
  • The Not Criminally Responsible Reform Act also amends the National Defence Act to ensure consistency in the mental disorder regime in the military justice system. Those amendments will come into force at a future date to be fixed by Order in Council.

Quotes

“Our Government is committed to protecting all Canadians and keeping our communities and families safe. I am very pleased to see the coming into force of another piece of legislation, introduced by this Government, to help ensure greater safety in Canada. Since the Not Criminally Responsible Reform Act was reintroduced late last year, our Government has worked quickly to put public safety first; protect Canadians from NCR accused designated as high-risk; and enhance the rights of victims by passing this legislation. Through the creation of a new high-risk designation process, this legislation ensures that NCR accused persons who meet the higher-risk threshold are no longer a threat to their victims or communities across our country.”

Peter MacKay
Minister of Justice and Attorney General of Canada

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Backgrounder: Not Criminally Responsible Reform Act

PM to announce new designation for mentally ill offenders

Stringent new rules for offenders found not criminally responsible for violent crimes

Prime Minister Stephen Harper is expected to announce changes to the Criminal Code Friday that will include greater restrictions on high-risk violent offenders found not criminally responsible for their actions. (Adrian Wyld/Canadian Press)

Prime Minister Stephen Harper is expected to announce today proposed changes to the Criminal Code that would include stringent restrictions for people found not criminally responsible for violent crimes, according to sources close to the file.

Among the changes the prime minister is expected to outline in Vancouver will be a new legal designation – “high-risk non-criminally responsible accused,” the sources told Radio-Canada, CBC’s French-language service.

Offenders given that designation would be ineligible for unescorted passes and would also have to wait three years before getting a review by mental health boards. The review boards would also have to follow stricter guidelines.

Only the courts would have the power to revoke that status.

The changes are also expected to include a bigger role for victims at every stage as soon as trials are completed.

The Conservative government has been signalling changes to the treatment of mentally ill high-risk offenders for months, in the wake of high-profile cases in British Columbia, Alberta and Quebec.

Both Government House Leader Peter Van Loan and Justice Minister Rob Nicholson have confirmed since the House of Commons returned from its winter break that a new bill to make these changes was coming soon.

Heritage Minister James Moore is expected to be with Harper when he makes the announcement.

Link: http://www.cbc.ca/news/canada/thunder-bay/story/2013/02/07/pol-harper-mental-health-criminal-code.html

Thank you / Merci

Laura Révilien

Communications Officer / Agente de communications

Office of the Federal Ombudsman for Victims of Crime | Bureau de L’ombudsman fédéral des victimes d’actes criminels
Department of Justice Canada | Ministère de la Justice du Canada
laura.revilien@ombudsman.gc.ca

The system may have failed Alex Conte but it killed Sarah Nickerson

Alex Conte, 21, on trial for the second degree murder of his 58-year-old mother Sarah Nickerson has been  found “Not Criminally Responsible” for the killing due to a mental disorder. B.C. Supreme Court Judge Malcolm MacCaulay says the testimony of two of Conte’s treating psychiatrists shows he was in a state of severe psychosis when he killed his mother with an axe.

Earlier in this case Crown prosecutor Christine Lowe had told the court a psychiatric assessment found Conte fit to stand trial, although “marginally fit.”  Lowe then agreed with defense attorney Bill Heflin that a second psychiatric assessment is needed to determine if Conte would be fit to stand trial for murder

Conte’s lawyer says the family is relieved with today’s decision. Bill Heflin says the system failed his client, and his mother’s death was preventable.

CTV News reported last year that despite Sarah Nickerson neighbors calling the case “a tragedy”, it was one they knew was coming for some time. The neighbors said police visited the home many times over the years – the last occasion was the Thanksgiving prior to the killing.

The Goldstream News Gazette reporting on the murder last year stated:

Conte had a troubled past before being arrested for his mother’s alleged murder. Last year he was found guilty on three counts of assault. He is currently charged with assault, uttering threats and break and enter from an incident on May 20, 2011.

The B.C. Review Board will determine how long he will remain at the Forensic Psychiatric Hospital.

Family sought help but system failed. Mohan Heer pays price!

In another example where the family had sought help, Steven Heer has been found Not Criminally Responsible for killing his father by driving into him and stomping his head because he thought he was possessed by a demon.

Steven Heer, 28, had been charged with second-degree murder in the Aug. 18, 2011, death of 59-year-old Mohan Heer, however a judge has ruled that he was not guilty as a result of his suffering from a major mental disorder. Court of Queen’s Bench Justice Michelle Crighton also accepted that Steven Heer had believed he was doing what he thought was right by “displacing the demons that had taken over his father and members of his family.”

Psychiatrist Vijay Singh testified Heer has been diagnosed as a paranoid schizophrenic and said, at the time of the killing, he was suffering hallucinations, hearing voices in his head and believed his life was in jeopardy. “He believed he had instructions from God,” said Singh, adding that Heer had earlier heard the voice of God telling him of a war between a good god and a bad god. “He had a strong belief that his father was possessed and believed he had to do something to cast out the devil that had possessed his father,” said Singh.

In a second report, psychiatrist William Friend said Heer also believed that the demon possessing his father was going to torture and kill him and take his soul. As well, Heer said the devil had appeared in the SUV he was operating and took control of the vehicle.

According to agreed facts, Heer had been arguing with his father when they returned to their Riverbend home after a short drive about 9 p.m. on Aug. 18, 2011. As the dad exited to open the garage door, his son accelerated and struck him with the Nissan Pathfinder. Then, as the victim made his way to the front of the home, his son drove into him again, pinning him to the stairs.

The victim’s wife and two daughters ran outside to intervene and, as the wife was holding her husband, Heer reversed and then accelerated forward and struck his father again. He then ran out and began kicking and stomping his father in the head while shouting. As family and friends began giving medical assistance, Heer went inside and changed and then drove off. He was found later near the High Level Bridge and arrested. The cause of death was multiple blunt traumas.

After ruling Heer was not criminally responsible, Crighton remanded him into custody at Alberta Hospital and ordered that he appear before the Alberta Review Board for a disposition hearing within the next 45 days.

Defence lawyer Brian Hurley said the family of Heer – a respected home builder who was well-liked among the city’s large Sikh community – is upset that their earlier cries for psychiatric help were unanswered.
“The family saw the deterioration in his mental health and tried to get him help and the system couldn’t get it for him,” said Hurley. “And, obviously, a horrendously tragic result occurred.”

http://www.edmontonsun.com/2012/09/07/man-not-criminally-responsible-in-driving-over-father-and-killing-him-court-rules

Annesair Balkaran killed her mother Zaniffa but Not Criminally Responsible

Toronto police officers checking on a domestic violence complaint made a horrifying discovery on Jan. 7, 2011, after they knocked on the door of an east-end apartment where loud music was playing. “I want to show you something,” said Annesair Balkaran, then 20, who let them inside.
Face-down on the living room floor, surrounded by blood, was the body of her mother, Zaniffa Balkaran, 59.

Ontario Superior Court Justice Ian Nordheimer has declared Balkaran, now 22, not criminally responsible for the gruesome murder because she suffers from schizophrenia, depriving her of the ability to appreciate the nature of her actions.

Her lawyer, Andrew Vaughan, entered her plea of not guilty to second-degree murder, reduced from first. A collision of factors led to the grisly killing, said Vaughan. Crown Attorney Paul Amenta, citing a psychiatrist’s report, catalogued Balkaran’s lengthy mental health history, extended hospitalization and troubled relationships with her mother and boyfriend, which often resulted in run-ins with police.

Balkaran had previously threatened to kill other family members, who were so concerned they removed knives from her mother’s apartment. Her mother called 911 after Balkaran suggested she was “on a mission from God and her family has to die.”

Balkaran endured a “nightmarish” childhood in Trinidad after her father died and her mother moved to Canada. She was kidnapped and physically and sexually abused before she was reunited with her mother at age 9. Poor and isolated, Zaniffa struggled to deal with the deeply troubled teenager — she was paranoid, heard voices and was suicidal — and the two frequently clashed. In her later teens, as her mental health deteriorated, she frequently moved back and forth between her mother’s and boyfriend’s residences, and shelters.

In September 2010, Balkaran, then pregnant, was taken to emergency at the Rouge Valley Health Centre after she was found screaming in the street. But, as she did on other occasions when hospitalized, she played down mental health issues and was released.

Three days later, she was admitted to hospital involuntarily, under the Mental Health Act, after a series of bizarre episodes. She was transferred to a shelter, where she stopped taking anti-psychotic medication fearing it would harm her unborn child.On Christmas Day 2010, Balkaran delivered a baby girl at Scarborough General Hospital and the infant was immediately apprehended by Children’s Aid Society.

Balkaran was discharged three days later but there was no follow-up counselling or support after a prolonged period of not receiving the medication she “desperately” required, Amenta told court. “The system may have fallen through,” agreed Vaughan.

A hearing will be held to determine where Balkaran will be held pending an assessment by the Ontario Review Board.

http://www.thestar.com/news/gta/crime/article/1251854–schizophrenic-declared-not-criminally-responsible-in-mother-s-murder

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