Found NCR but he still physically committed the crime

A ruling by the Ontario Superior Court gives some hope that some sanity still exists in the Canadian judicial system. Ved Dhingra stabbed his estranged wife to death and then attempted to claim her life insurance benefits but won’t receive any payout a Ontario Superior Court judge has ruled.

In June 2006, Kamlesh Dhingra was found dead in her Richmond Hill, Ontario home. She was struck on her head with a statue and stabbed multiple times in the neck and body. While a court found that Ved Dhingra killed his wife Kamlesh Dhingra, it found him not criminally responsible for the murder because he suffered from schizoaffective disorder.

Note: There are numerous debates within the mental health field whether a diagnosis of schizoaffective disorder even exists!

Because the court decided he wasn’t criminally responsible, Scotia Life Insurance Company said it would pay the $50,000 policy benefit to Dhingra, who was the sole beneficiary.

The Ontario Superior Court ruled that Dhingra, who was sent to the Whitby Mental Health Centre following his trial, isn’t entitled to the insurance benefits. “(Dhingra) committed second degree murder of his ex-wife Kamlesh. Even though he was not found criminally responsible, he still physically committed the crime,” Justice Andra Pollak wrote in her ruling.

“There is no judicial support in Canada for (Dhingra’s) submission,” she continued.

Her ruling sided with Dhingra’s son Paul, who had argued that the insurance benefits should go to his mother’s estate and not to his father. Lina Dhingra, Paul’s sister has said her father would appeal Pollak’s ruling.

B.C. attorney-general requests end to annual NCR reviews

B.C.’s attorney-general Barry Penner is calling for the federal government to abolish one-year reviews for killers who are found not criminally responsible by reason of a mental disorder (NCR). Barry Penner met Thursday with federal counterpart Justice Minister Rob Nicholson to discuss the proposal which seeks to eliminate annual reviews for killers found NCR.

The attorney-general says the request stems from a meeting earlier this year with Darcie Clarke, who says she is haunted by the fact that her ex-husband will come up for a review every year, making her re-live the nightmare of her children’s murders.

In 2008, while visiting the home of his estranged wife, Alan Schoenborn stabbed to death his daughter Kaitlynne, 10, and smothered his sons Max, 8, and Cordon, 5. He was found not criminally responsible and it caused an public outcry when months after the ruling, the BC criminal review board ruled that Schoenborn should have increased freedoms into the community.

“I suggested it should be every three years or five years, or earlier if the treating psychiatrist says there is a marked improvement,” Penner said. He urged the justice minister to consider abolishing annual reviews for “those who committed heinous acts, such as taking another person’s life or committing a serious assault.”

Penner would like to see other changes to Criminal Code Section 672, which governs those found not criminally responsible for their crimes because they were mentally ill at the time. He wants to make sure more than one psychiatrist is on the review board panel when making a decision on when to release a patient into the community, even on escorted passes.

There should be at least two psychiatrists “and maybe make it a panel of three so you don’t have a tie vote,” Penner said.

The justice minister seemed receptive to the proposed changes, Penner said.

Federal Ombudsman for Victims of Crime Urges Reform

In April Carol de Delley presented at the Federal Victims of Crime Symposium in Ottawa.  At that time, she met with the federal ombudsman for victims, Sue O’Sullivan.

The federal ombudsman for victims sent a letter to Minister Nicholson urging a number of options to reform victims rights and the subsequent responsibility of officials to victims and public safety in regards those found Not Criminally Responsible. Sue O’Sullivan provide Carol with an overview of the letter detailing their efforts :

Hi Carol,

Please see below for a brief overview of the body of the letter to Minister Nicholson on NCR.

The Government of Canada has an opportunity to demonstrate its commitment to victims by acting on the issue of Not Criminally Responsible.  For the Minister’s consideration in evaluating the options for reform, the two considerable gaps that victims and victim advocates have identified to our office are as follows:

1.    The importance of considering both victim and public safety in any and all release decisions related to offenders found “not criminally responsible.”
2.    The lack of rights, policies and support in place for victims whose offenders have been found not criminally responsible, especially in relation to those same rights, policies and support for victims whose offenders enter the federal corrections system.

Public Safety
The letter recommends that the Government of Canada conduct a review of section 16 of the Criminal Code of Canada with an overall goal of responding to victims’ needs and improving public safety.  This review should consider recent proposals for Criminal Code amendments made by Attorney General of British Columbia Barry Penner.

The proposals suggest that review boards, for the purposes of decision-making related to offenders’ absences and releases from psychiatric hospitals,
*    give paramount consideration to public safety;
*    ensure that at least two psychiatric opinions are obtained; and
*    ensure that an inquiry is made about the whereabouts of the victims of the offence before making any release recommendations.

Taking action to address victims’ needs

I also recommended that the Government identify and address gaps in funding and services provided to victims whose offenders are found criminally responsible versus those whose offenders are found not criminally responsible, with an overall goal of eliminating gaps. This review could consider:
*    the provision of funding for victims to attend provincial/territorial review board hearings, just as is available for victims to attend Parole Board of Canada hearings, and
*    the implementation of notifications for victims regarding the transfer, release or other status changes of the offender through the review board system, as is currently available for victims whose offenders are involved in the federal corrections system.

Federal Ombudsman for Victims of Crime/l’Ombudsman fédérale des victimes d’actes criminels
sue.osullivan@ombudsman.gc.ca
Telephone/Téléphone 613-941-3419
Facsimile/Télécopieur 613-941-3498
Goverment of Canada/Gouvernement du Canada
www.victimsfirst.gc.ca/ www.victimesdabord.gc.ca