In 1892 the nation of Canada was just a quarter century year old. At the time, the Criminal Code disallowed conviction of anyone who was deemed to suffer from a “disease of the mind” (Criminal Code, s 16). Section 16, or the mental disorder defense, of the Criminal Code of Canada remained largely unaltered for 100 years and as a result has failed to keep up with the times. As it reads now, section 16 stands in violation of the charter. Attempts at amending section 16 have either crumbled in parliament or been ineffective. It also gives citizens a legal method to claim insanity in avoidance of conviction. The mental disorder defense clause as it currently reads in Canada’s Criminal Code is faulty due to the fact that it contains several critical loopholes. The mental disorder defense, or section 16 of the criminal code, not only violates the Canadian Charter of Rights but also basic human treatment. The fairness of the crown being able to deem an individual unfit to stand trial or to be sentenced to an undetermined period of confinement can be dated back more than 30 years. The working paper The Criminal Process and Mental Disorder, prepared by the Law Reform Commission of Canada, argues that the dangers of unsuitable attitudes regarding the Lieutenant Governor’s detainment plan had only just begun in 1975 (The Criminal Process and Mental Disorder, 17). The Mental Disorder Project launched not long after, in 1982. The project raised the issue of the compliance of Canada’s Charter of Rights and Freedoms and the Crown being permitted to penalize by means of an undetermined confinement without the prosecutors having first established prima facie (first impression) of guilt. However it was due to the fact of the accused being mental... ... middle of paper ... ...PBdP/BP/prb9922-e.htm>. Criminal Code, R.S.C., 1985, c C-46 s 16. Web. "Criminal Liability: Insanity and Automatism." . N.p., 23 July 2013. Web. 14 June 2014. . "Human Rights Review 2012." . N.p., 1 Jan. 2012. Web. 14 June 2014. . "Response to the 14th Report of the Standing Committee on Justice and Human Rights." Government of Canada, Department of Justice, Criminal Law Policy Section. N.p., 26 Sept. 2013. Web. 14 June 2014. . R.V.Parks. 2 S.C.R. 871. Supreme Court of Canada. 1992. Supreme Court of Canada. Web. 14 June 2014. R.V.Swain. 1 S.C.R. 933. Supreme Court of Canada. 1991. Supreme Court of Canada. Web. 14 June 2014.
Canada’s criminal justice system largely focuses on rehabilitation, but Bourque’s harsh sentence is similar to the sentencing practices of the United States (Gagnon 2015). This is troubling as Canada’s rehabilitation focused criminal justice system appears to be working. Canada has a low rate of recidivism for offenders who have been convicted of murder (Gagnon 2015). Research shows that Canada’s rehabilitation focused criminal justice system has also worked with crimes that are not as severe as murder. Between 2010/2011 and 2013/2014, there was a 12% decrease in completed adult criminal court cases. Most cases in adult criminal court involve non-violent offenses (Maxwell 2013/2014). Similarly, in 2013, the police-reported crime rate was at it lowest since 1969 (Statistics Canada). The homicide rate is also declining, as in 2013, it represented less than 1% of all violent crime (Statistics Canada). Notably, probation was the most common sentence given in adult court cases and custody sentences were less than six months (Maxwell, 2013/2014). These types of sentences showcase the rehabilitation focused thinking of the Canadian criminal justice system and reinforce the impact and possible repercussions of Justin Bourque’s
This essay will analyze the entire case R. v. Morin and evaluate the facts, issues, positions of the Crown and accused. The decisions made during this case and reasons that ultimately lead to the final verdict by the Ontario Court of appeal. This essay will evaluate the decision of whether the delay of the R. v. Morin and the cases that it set precedent for were valid decisions made by the court. This evaluation will describe the arguments made on both sides during these trials. It will discuss how the decision made by the court to decide the trial delay being reasonable were the correct decisions and that section 11(b) of the Charter was not violated. The essay will also discuss the court cases R. v. Godin...
In the book Crazy in America by Mary Beth Pfeiffer, she illustrated examples of what people with mental illness endure every day in their encounters with the criminal justice system. Shayne Eggen, Peter Nadir, Alan Houseman and Joseph Maldonado are amongst those thousands or more people who are view as suspected when in reality they are psychotic who should be receiving medical assistance instead, of been thrown into prison. Their stories also show how our society has failed to provide some of its most vulnerable citizens and has allowed them to be treated as a criminals. All of these people shared a common similarity which is their experience they went through due to their illness.
The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
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Looking beyond women's issues and questioning basic humanity, we find a deceptive, unstable yet somehow egotistical governmental department. With an organization like this in control, there is no hope of rehabilitation for the prisoners as was discovered throughout the inquiry performed on Correctional Services Canada.
As noted by Allen (2016), measures that are implemented outside the courtrooms, especially in a formal procedure, may lead to the provision of accurate as well as timely considerations for youth crime. As such, Canada is keen in the reinforcement of these regulations, as they determine both short and long-term judicial solutions. Most importantly, the Youth Criminal Justice Act (YCJA) in Canada plays a major role in the implementation of extrajudicial measures as they may affirm to the occurrence of future issues. According to the Government of Canada (2015a), this calls for an attempt to channel out or divert such offenders from the mainstream justice system to a lesser formal way of dealing with the offenses. This paper attempts to investigate the appropriateness of the extrajudicial measures in Canada, and the reason behind why we established these provisions of the YCJA. It also illustrates an example of a Canadian case, which questions the extrajudicial measures. This discussion canvasses the main argument as for or against the extrajudicial measures in Canada through the adoption of recommendations to the Canadian Government about the proper situations in which such processes should be used.
Welsh, B., & Irving, M. (2005). Crime and punishment in Canada, 1981-1999. Crime and Justice, 33, 247-294. Retrieved from http://library.mtroyal.ca:2063/stable/3488337?&Search=yes&searchText=canada&searchText=crime&list=hide&searchUri=%2Faction%2FdoBasicSearch%3FQuery%3Dcrime%2Bin%2Bcanada%26acc%3Don%26wc%3Don&prevSearch=&item=18&ttl=33894&returnArticleService=showFullText
Sprague, D.N. (1980). Government Lawlessness in the Administration of Manitoba Land Claims, 1870-1887. 10 Man. L.J. 433 (1979-1980)
Wrongful convictions in Canada is a very sensitive and disturbing topic that has created concerns as to why individuals are being wrongfully convicted. As people in Canada read about cases involving wrongful conviction, such as Guy Paul Morin, Rubin Carter and David Millguard, it often undermines their faith in the criminal justice system. Tunnel vision, the use of questionable DNA evidence, and eyewitness misidentification are the three main causes of wrongful convictions in Canada. Recognizing and addressing these concerns has led to a reduction in cases of wrongful convictions in Canada.
Canada is a country where rehabilitation has been a formal part of sentencing and correctional policies for an extended period of time (Andrews & Bonta, 2010). Furthermore, a group of Canadian researchers have examined the methodology and effectiveness of rehabilitation, and are principal figures in the correctional rehabilitation field (Cullen & Gendreau, 2000). However, despite rehabilitation being a central aspect of Canadian identity, there has been a shift in the justice system’s objectives. The rise of the Conservative government and their omnibus bill C-10, Safe Streets and Communities Act, has created a move towards retribution. Bill C-10 was passed on March 12, 2012 (Government of Canada, 2013) and was a proposal to make fundamental changes to almost every component of Canada’s criminal justice system. Law changes included new and increased mandatory minimum sentencin...
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
It is apparent that insanity, automatism and diminished responsibility share similarities and differences in their range of application and in definition. Insanity and automatism are most similar in that they both are full defences (with different outcomes) which exist when a defendant does not have the necessary actus reus or mens rea, whereas diminished responsibility is a partial defence which only applies to murder. The source of the defendant’s mental abnormality is the greatest point of distinction between all of the defences. Whether the abnormality is internal, external or a diagnosed medical condition will play a significant role in which defence can be used. As defences they are all used for a similar reason, and that is to eliminate or reduce liability for criminal offences.