Mental Health Defences in Canadian Criminal Law

Mental health defences are an important part of Canadian criminal law, providing individuals who suffer from mental illness with a legal defence that may exempt them from criminal responsibility under certain conditions. The law recognizes that in some cases, mental illness can impair a person’s ability to understand their actions or differentiate right from wrong, thus impacting their accountability for a crime.

In this guide, we’ll explore how mental health defences work in Canada, the key criteria for establishing such a defence, and the potential outcomes if a mental health defence is successfully applied. We’ll also cover related concepts, including fitness to stand trial and the types of assessments involved.

Understanding Mental Health Defences in Canada

In Canadian criminal law, the primary mental health defence is Not Criminally Responsible on Account of Mental Disorder (NCRMD). This defence is recognized under Section 16 of the Criminal Code of Canada, which states that an individual is not criminally responsible if, at the time of the offence, they were suffering from a mental disorder that rendered them incapable of understanding the nature or quality of their actions or knowing that their actions were wrong.

The NCRMD defence aims to balance the interests of public safety with the rights of individuals who suffer from mental disorders. If a person is found NCRMD, they are not acquitted but are instead subject to a different legal process focused on treatment and rehabilitation.

Key Elements of the NCRMD Defence

To establish an NCRMD defence, the court requires evidence of the following elements:

1. Presence of a Mental Disorder
   • The defendant must have a recognized mental disorder at the time of the offence. This can include a range of conditions, such as schizophrenia, bipolar disorder, severe depression, or certain cognitive impairments. The mental disorder must be diagnosed by a qualified mental health professional.
2. Inability to Appreciate the Nature or Quality of the Act
   • The defendant’s mental disorder must have impaired their ability to understand the nature and consequences of their actions. For instance, if a person cannot understand that their actions could cause harm to others due to their mental state, this element may be established.
3. Inability to Know the Act was Wrong
   • The defendant’s mental disorder must have affected their capacity to understand the moral or legal wrongfulness of their actions. For example, if a person believes they are following orders from a hallucination, they may not be aware that their actions are wrong.

Establishing an NCRMD defence requires clear and convincing evidence that the mental disorder directly influenced the accused’s behaviour at the time of the offence.

Legal Process for an NCRMD Defence

If the NCRMD defence is raised, the court will require an in-depth evaluation of the accused’s mental state. Here’s a step-by-step overview of the NCRMD legal process:

1. Assessment by a Mental Health Professional
   • The court will typically order a psychiatric assessment to determine if the NCRMD defence is applicable. The assessment may include interviews, psychological testing, and reviews of the individual’s mental health history. A psychiatrist or psychologist will provide a report detailing their findings.
2. Court Proceedings
   • The defence lawyer will present the NCRMD defence in court, and the Crown may call its own expert witnesses to provide a counter-assessment. The judge or jury will consider all evidence, including expert testimony, to decide whether the NCRMD defence applies.
3. Outcome if NCRMD is Accepted
   • If the court accepts the NCRMD defence, the accused is found “not criminally responsible” rather than “guilty” or “not guilty.” This designation initiates a separate legal process, overseen by a provincial Review Board, which focuses on treatment and rehabilitation rather than punishment.

Fitness to Stand Trial

Another concept related to mental health defences is fitness to stand trial. Canadian law requires that individuals must be mentally fit to participate in legal proceedings. This is a separate issue from criminal responsibility and applies to a defendant’s ability to understand the trial process, communicate with their lawyer, and make informed decisions.

1. Criteria for Fitness
   • A defendant is considered unfit to stand trial if they cannot understand the nature of the proceedings, the possible outcomes, or effectively communicate with their counsel due to a mental disorder.
2. Fitness Assessments
   • If there are concerns about a defendant’s fitness to stand trial, the court may order a psychiatric assessment. If found unfit, the defendant may be detained in a mental health facility until they are deemed fit for trial.
3. Disposition for Unfit Defendants
   • Once the individual is considered fit, the criminal proceedings will continue. If they remain unfit for an extended period, the Review Board may assume jurisdiction to oversee their treatment and determine their eventual disposition.

Outcomes of an NCRMD Finding

If the court determines that an individual is NCRMD, they do not face a conventional sentence but instead become subject to the jurisdiction of a Review Board, which decides the appropriate course of action. The Review Board’s primary focus is on the individual’s treatment needs and public safety. Possible outcomes include:

1. Absolute Discharge
   • An absolute discharge means that the individual is free to live without restrictions. This outcome is typically granted only if the Review Board determines that the individual no longer poses a threat to public safety. An absolute discharge may apply in cases where the individual’s mental disorder is in remission, and they are unlikely to reoffend.
2. Conditional Discharge
   • A conditional discharge allows the individual to live in the community but with specific conditions, such as attending regular mental health treatment, adhering to medication requirements, and avoiding certain locations or people. Non-compliance with these conditions could result in detention or more restrictive measures.
3. Detention in a Psychiatric Facility
   • If the Review Board deems that the individual poses a significant risk to the public, they may be detained in a psychiatric facility. While under detention, the individual will receive mental health treatment aimed at managing their symptoms and reducing the risk of reoffending.

The Review Board reviews each case annually to assess the individual’s progress and determine whether the conditions should be modified, maintained, or lifted.

Limitations and Misconceptions about the NCRMD Defence

While the NCRMD defence is a critical part of Canadian criminal law, there are several limitations and misconceptions surrounding it:

1. Misconception: NCRMD Equals Acquittal
   • Some people assume that an NCRMD designation is equivalent to an acquittal. However, individuals found NCRMD are still subject to legal restrictions and oversight from the Review Board, often for an extended period.
2. Limited Applicability
   • The NCRMD defence is only applicable in cases where a mental disorder genuinely impairs the individual’s ability to appreciate the nature of their actions or understand the wrongfulness of the act. Simply having a mental illness does not qualify an individual for an NCRMD defence.
3. Public Safety as a Primary Concern
   • The Review Board carefully considers public safety when making decisions about individuals found NCRMD. The purpose of the NCRMD designation is to focus on rehabilitation and treatment, not to release individuals without oversight.

Other Mental Health Defences in Canadian Law

In addition to NCRMD, there are other mental health-related defences that may apply in certain cases:

1. Automatism
   • Automatism is a defence that applies when the accused acted involuntarily or without conscious control. This can be caused by medical conditions like epilepsy, sleepwalking, or trauma. The defence of automatism is rare and requires substantial medical evidence.
2. Diminished Capacity
   • Diminished capacity is not a formal defence in Canadian law but may be considered during sentencing. This defence argues that, while the accused understood their actions, their mental disorder reduced their ability to form intent or fully comprehend the consequences.
3. Intoxication and Mental Health
   • In cases where a mental disorder is exacerbated by substance use, courts may consider the impact of intoxication on the defendant’s mental state. However, intoxication alone does not qualify as a mental health defence and does not result in an NCRMD finding.

How De Boyrie Law Can Help

Mental health defences are complex and require a deep understanding of criminal law and psychiatry. At De Boyrie Law, we have experience navigating mental health defences, including NCRMD, automatism, and fitness to stand trial assessments. Our team will work with qualified mental health professionals to assess your case, advocate for your rights, and build a robust defence.

Schedule a Free Consultation with De Boyrie Law

If you or a loved one is facing criminal charges and believe a mental health defence may be applicable, contact De Boyrie Law today to schedule a free, confidential consultation. We’ll review your case, discuss your legal options, and help you pursue the best possible outcome.