Response to the 14^th Report of the Standing Committee on Justice and Human Rights

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Review of the Mental Disorder Provisions of the Criminal Code

November 2002

TABLE OF CONTENTS

1. INTRODUCTION
2. FOREWARD
3. DEFINITIONS
   • Mental Disorder (section 16)
   • Automatism (section 2)
   • Fitness to Stand Trial / Unfitness (section 2)
4. COURT AND REVIEW BOARD POWERS
   • Fitness to be Sentenced
   • Permanently Unfit Accused
   • Victim Participation – Notification of Rights
   • Publication Bans to Protect Third-Party (Victim) Privacy Interests
   • Oral Presentation of Victim Impact Statement
   • Enforcement of Dispositions – Detention and Creation of Offence for Breach
5. COURT AND REVIEW BOARD PROCEDURE
   • Qualifications of those who Conduct Fitness Assessments
   • The Role of the Crown (Attorney General) as Representing the Public Interest
   • Transfers of Youth to Other Forensic Facilities And interprovincial transfers of mentally disordered accused
6. UNPROCLAIMED PROVISIONS
   • Repeal of Capping
   • Repeal of DMDA
   • Repeal of Hospital Orders
7. SYSTEMIC ISSUES
   • Resources to address the needs of mentally disordered accused and mentally disordered offenders
   • Education and awareness about the mentally ill and the application of part XX.1
   • The Need to improve data collection and research
   • Further Statutory Review of Part XX.1
8. CONCLUSION

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