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CAMHblog > Posts > NCR Bill: Searching for Balance
  • NCR Bill: Searching for Balance
    Posted by Catherine Zahn|Feb 14, 2013
    The Federal Government has announced the Not Criminally Responsible Reform Act that proposes changes to the ‘Not Criminally Responsible on Account of Mental Disorder (NCR)’ process.  If passed, this Act will represent a shift in how Canada views and treats a vulnerable minority of people with mental illness.

    NCR is a historical and important legal defense.  It recognizes that in some situations mental illness results in a criminal act.  The bar is high for using this defense.  In Ontario, only .001% of people charged with a Criminal Code violation are judged NCR.  When the defense is used though, media coverage can be prominent and emotional responses are common.


    The Bill has three major elements:

    1. Victim rights to information and involvement in the process are increased.

    2. A ‘high risk’ patient group is created.  This group is subject to more controls and less frequent review of their condition by the Review Board.

    3. The issues that Review Boards must balance in evaluating those accused and NCR are changed and public safety is deemed paramount. 


    Here are some facts. Public safety is already a critical part of decision making in this situation. As well, high-risk patients are already detained in high secure forensic units until a clinical assessment and a Review Board decision deem them fit for a medium secure unit. Currently, NCR individuals already receive treatment and rehabilitation for their mental illness, and rates of recidivism are very low.

    Three high profile cases have driven these reforms. These tragic examples have caused terrible suffering to the victims.  However, none of these instances involved a decision that resulted in a compromise of public safety. 

    So, has the new legislation even addressed the right questions?

    Does an NCR system that de-emphasizes treatment and rehabilitation in favor of punishment help anyone?  More restrictive processes will detain individuals longer and in higher secure units than is necessary. Considering that these individuals have been found NCR because of a mental illness, is this approach effective, necessary or fair? 

    Forensic mental health should not be punitive - keeping people in hospital for three years without review shifts the focus from recovery to incarceration.  At CAMH, we want forensic patients to be active in their treatment and rehabilitation.  We want them to take responsibility for recovery and have the comprehensive and coordinated care that enables them to be faithful to their treatment plans after discharge.

    Many of the changes in the Act were understandably driven by the experiences of victims of mentally ill offenders.  I’m deeply respectful of the impact of their suffering and agree that their needs must be given careful consideration.  I also recognize the importance of public safety.  What’s missing is a robust discussion of the need to balance the rights of all parties involved. 

    We need to do all we can to make sure that this takes place in the coming weeks. 

Comments:

Comments

Catherine Zahn

The case involving Vincent Li is tragic and deeply upsetting. We know that the severity of an offense though is not the best predictor of how someone can progress in their recovery.

By focusing on punishment instead of the treatment that is necessary for an individual to become well, a person may be slower to progress and more demoralized, with no gain in public safety. Providing the best possible mental health care is the best way to ensure public safety.
 on 3/26/2013 4:56 PM

Catherine Zahn

Hi Roy -  I share your concerns that high-profile media cases have driven these reforms. It is important for the public to be aware that the current system works – people who are designated NCR receive the treatment and rehabilitation that they need to become well and the public and victims are safe. 

Is the law perfect?  No.  And we at CAMH support changes that would increase victim involvement in the NCR process.  Other changes such as the creation of the ‘high risk’ designation, however, may actually put the public at higher risk by focusing on detention and not treatment.  We will continue our advocacy work with the government in this area.
 on 3/26/2013 3:42 PM

Blabby

In my mind, it really deprends on the nature of the crime.  NCR is indeed a rarity amongst both mentally ill people and within the justice system, but in cases where the crime is particularly egregious-- the case of Vincent Li comes to mind-- longer periods of hospitalization and greater victim access to the entire process do not seem to me to be a bad thing.  It's not that the intention is to punish, but to ensure treatment compliance and recovery.  Nothing anyone says is going to convince me that Vincent Li, someone so psychotic that they were capable of decapitating and dismembering another human being, is going to be "better" within the span of a year.
 on 3/26/2013 12:26 PM

Roy Bonadonna

It seems to me that the government is indeed simply reacting to a few hig-profile cases in the media without any adequate consultation, and this is sad.  The system, though far from perfect, does work, I'm proof of that, yet the government would have us believe that these proposed changes are necessary to guarantee public safety. In so doing they are sending out a very negative message about mental illness and those who commit crimes, i.e., "high risk" offenders will not improve, so lets lock them up for at least 3 years.  Again, sad.
 on 3/26/2013 10:41 AM

annick aubert

We must indeed have a robust discussion, but in order to do so we must familiarize ourselves with the wording of the proposed Bill-C54 (the NCR Reform Act ), its impact on Review Boards, and the remarks of the Prime Minister when he introduced the Bill. Both the Act and  the Prime Minister's remarks (accompanied by a video ) are easily accessible on the web.
Let's talk !
 on 2/17/2013 10:28 AM

Jim Ross

I am currently mentoring a young man who is in forensic detention at CAMH after being found NRC by the courts. Although he is receiving excellent care and treatment, the process is slow and at times frustrating.

A quick review of the proposed changes to the NCR Reform Act seems to make no distinction about the seriousness of the crime or the likelyhood of rehabilitation. Murder is not the same as common assault...yet seem to be lumped together...this is not right and could delay the release of the individual back into the community when it is deemed safe by the ORB.

The proposed changes require thorough review and imput by the stakeholders before being implimented.

Thank you for bringing this to my attention.
 on 2/15/2013 4:16 PM

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