JUST Committee Report

LISTE OF RECOMMENDATIONS

RECOMMENDATION 1

The Committee recommends that the defence of “mental disorder” in section 16 and the definition in section 2 of the Criminal Code be retained in their present form.

RECOMMENDATION 2

The Committee recommends that the definition and application of the law relating to “automatism,” both sane and insane, be left to the courts.

RECOMMENDATION 3

The Committee recommends that the federal Minister of Justice review the definition of “unfit to stand trial” in section 2 of the Criminal Code to consider any additional requirements to determine effectively an accussed’s fitness to stand trial, including a test of real or effective ability to communicate and provide reasonable instructions to counsel.

RECOMMENDATION 4

The Committee recommends that the definition of “unfit to stand trial” in section 2 of the Criminal Code be amended by adding the words “and to be sentenced” to the title and the words “or sentence imposed” after the words “verdict is rendered” in the definition itself. As well, section 672.11(a) of the Code should be amended to allow the court to order an assessment in such cases. Finally, subsection 672.38(1) of the Code should be amended to give the Review Board jurisdiction in such cases.

RECOMMENDATION 5

The Committee recommends that section 672.54 of the Criminal Code be amended to allow the courts to absolutely discharge a permanently unfit accused either on its own volition or following the recommendation of a review board.

RECOMMENDATION 6

The Committee recommends that subsection 672.5(5) of the Criminal Code be amended to require a court or Review Board conducting a hearing to so notify a victim, if an interest in being notified is given by that person. As well, the Code should be amended to require that victims be notified of their rights and entitlements.

RECOMMENDATION 7

The Committee recommends that subsection 672.51(7) and (11) of the Criminal Code be amended to allow the court or Review Board conducting a disposition hearing to issue a publication ban for the benefit of third parties.

RECOMMENDATION 8

The Committee recommends that section 672.541 of the Criminal Code be amended to allow for the oral or other form of presentation of Victim Impact Statements at disposition hearings held by the court or Review Board.

RECOMMENDATION 9

The Committee recommends that sections 672.85 and 672.91 of the Criminal Code be amended to allow for interim temporary detention until appearance before a disposition hearing or a justice as the case may be. The Committee further recommends that the Criminal Code be amended to establish an offence of failing to comply with a disposition order made by a court or Review Board.

RECOMMENDATION 10

The Committee recommends that the definition of “assessment” in section 672.1 be amended to expand, but not make mandatory, the class of persons qualified to assess whether an accused is unfit to stand trial.

RECOMMENDATION 11

The Committee recommends that federal, provincial and territorial ministers responsible for Justice review procedures at disposition hearings to determine whether the public interest would be better served by the mandatory representation of provincial Crown attorneys.

RECOMMENDATION 12

The Committee recommends that federal, provincial and territorial ministers responsible for Justice review practices and procedures for transferring youth to other forensic psychiatric facilities and accused to other jurisdictions to determine whether the Criminal Code should be amended to provide greater clarity.

RECOMMENDATION 13

The Committee recommends that sections 672.65, 672.66, 672.79 and 672.8 of the Criminal Code (Capping of Dispositions) be repealed.

RECOMMENDATION 14

The Committee recommends that sections 672.65, 672.66, 672.79 and 672.8 of the Criminal Code (Dangerous Mentally Disordered Accused) be repealed.

RECOMMENDATION 15

The Committee recommends that sections 747‑747.8 of the Criminal Code (Hospital Orders) be repealed.

RECOMMENDATION 16

The Committee recommends that the federal, provincial, and territorial ministers responsible for Justice review the level of resources available to deal with the needs of mentally disordered accused and offenders so as to determine whether they are being used effectively and to see if the level of budgetary allocations is adequate to meet those needs.

RECOMMENDATION 17

The Committee recommends that the federal, provincial, and territorial ministers responsible for Justice take the necessary steps to ensure that education programs on mental health and forensic systems, and related issues, are developed for, and delivered to, judges, lawyers, court personnel, law enforcement personnel, corrections staff and others coming into contact with mentally disordered accused and offenders. As well, a similar education program should be developed for delivery to the public to dispel stereotypes surrounding mental illness.

RECOMMENDATION 18

The Committee recommends that the Department of Justice and other relevant departments and agencies, in collaboration with their provincial and territorial counterparts, collect, process, and analyze the data necessary to facilitate a further parliamentary review of Part XX.I of the Criminal Code in 2007.

RECOMMENDATION 19

The Committee recommends that the legislation implementing the recommendations contained in this report include a requirement for a further review of the provisions and operation of Part XX.I of the Criminal Code within five years of the legislation coming into effect. If no such legislation is adopted by Parliament, it should designate a committee to review the provisions and operation of Part XX.I of the Criminal Code in 2007.