An Act to amend the Criminal Code and the National Defence Act (mental disorder)

Short title: Not Criminally Responsible Reform Act Bill C-54 (41-1) Status: At second reading in the Senate Type: House Government Bill Sponsor: Rob Nicholson, Minister of Justice (Niagara Falls) Latest stage: First reading Legislative

summary <div>A Legislative

Summary is currently being prepared for this bill by the Parliamentary Information and Research Service of the Library of Parliament. A pre-release version of this publication is available to parliamentarians and their staff, and can be obtained by submitting a request or contacting the Library of Parliament. Meanwhile, the following executive

summary is available.<br/><br/>On February 2013, the Minister of Justice introduced Bill C-54,

An Act to amend the Criminal Code and the National Defence Act (mental disorder) (Not Criminally Responsible Reform Act), in the House of Commons and it was given first reading.<br/><br/>The Criminal Code mental disorder regime applies to a very small percentage of accused persons.

Under Canadian criminal law, if an accused person cannot understand the nature of the trial, or its consequences, and cannot communicate with their lawyer on account of a mental disorder, the court will find that the person is “unfit to stand trial.” Once an accused becomes fit to stand trial, they will then be tried for the offence with which they were initially charged.<br/><br/>If a person is found to have committed the act that constitutes an offence, but lacked the capacity to appreciate what they did or know that it was wrong due to a mental disorder at the time, the court makes a special verdict of “Not Criminally Responsible on Account of Mental Disorder” (NCR).

They are neither convicted, nor acquitted.<br/><br/>A person found either unfit to stand trial or NCR is referred to a provincial or territorial Review Board, who decides on a course of action.

Under the current law, a Review Board can make one of three possible decisions:<br/><br/>• if the person does not pose a significant threat to public safety, an absolute discharge (only available for a person found NCR);<br/>• a conditional discharge; or,<br/>• detention in custody in a hospital.<br/><br/>Bill C-54 amends the mental disorder regime in the Criminal Code and the National Defence Act to specify that the paramount consideration in the decision-making process is the safety of the public and to create a scheme for finding that certain persons who have been found not criminally responsible on account of mental disorder are high-risk accused.

It also enhances the involvement of victims in the regime and makes procedural and technical amendments.</div> House of Commons — First reading: Completed (2013-02-08) House of Commons — Second reading: Completed (2013-05-28) House of Commons — Consideration in committee: Completed (2013-06-13) House of Commons — Report stage: Completed (2013-06-17) House of Commons — Third reading: Completed (2013-06-18) Senate — First reading: Completed (2013-06-18) Senate — Second reading: No activity LEGISinfo: https://www.parl.ca/legisinfo/en/bill/41-1/c-54