Citation

Lacroix R, O'Shaughnessy R, McNiel DE, Binder RL. J. Am. Acad. Psychiatry Law 2017; 45(1): 44-51.

Affiliation

Dr. Lacroix is a Forensic Fellow, Dr. Binder is Professor and Director, Psychiatry and the Law Program, and Dr. McNiel is Professor of Clinical Psychology, Department of Psychiatry, University of California, San Francisco. Dr. O'Shaughnessy is Clinical Professor, Department of Psychiatry, Faculty of Medicine, University of British Columbia, Vancouver, British Columbia, Canada.

Copyright

(Copyright © 2017, American Academy of Psychiatry and the Law, Publisher American Academy of Psychiatry and the Law)

DOI

unavailable

PMID

28270462

Abstract

In Canada, individuals found not criminally responsible on account of mental disorder are subject to the disposition recommendations of the Provincial or Territorial Review Board of the jurisdiction where the offense was committed. Bill C-14, known as "The Not Criminally Responsible Reform Act" made changes to the postverdict disposition process of these individuals. This legislation was consistent with a broader "tough-on-crime" agenda of the previous federal government. The legislative changes codify that Review Boards take public safety as the "paramount consideration" in making their recommendations. The legislation also creates a new "high-risk" category for certain offenders and imposes limitations on their liberty. Further, Bill C-14 seeks to enhance victim involvement in the disposition process. The passage of this legislation has generated significant controversy in the medical and legal fields. Critics have stated that there is an absence of empirical evidence on which to base the amendments, that the legislation was an overreaction to high-profile cases, and that Bill C-14 is in questionable compliance with the Canadian Charter of Rights and Freedoms. In this review, we explore the potential catalysts involved in the creation of Bill C-14, the controversy surrounding the legislation, and the potential future impact on practicing forensic psychiatrists and on the forensic mental health system in Canada.

© 2017 American Academy of Psychiatry and the Law.

Language: en