Robson Crim Legal Blog

In R. v Landrick [2022] BCCA 181, the appeal hinges on new expert evidence with the application of a “Not Criminally Responsible due to Mental Disability” (NCRMD) application. While an application for an NCRMD assessment is generally used as a defence during an original trial, there are instances where it can be used on appeal. The explanation given by the appeal Judge in this case calls attention to how limited time to receive an NCRMD assessment can impact expert witnesses

Mental Health Courts (“MHCs” or the “MHC”) began to appear in the United States in the 1990s and continued to expand when the US federal government launched a funding program to support this problem-solving court. MHCs then spread to other countries, starting with the Ontario Court of Justice at Old City Hall in Toronto over twenty years ago. Today, there are five MHCs in Canada, located in Newfoundland, Nova Scotia, New Brunswick, Ontario, and Manitoba.

When learning to ride a bike children use training wheels as a reasonable stepping stone to understand how they can reach their goals. Kids are not given a bike and expected to ride in the Toure de France, because that would simply be ridiculous and put themselves and others in harm’s way-–creating a dysfunctional race for all involved. This likely appears as obvious, but unfortunately, it metaphorically is along the lines of how police officers are thrown into crisis situati

In failing to provide sufficient mental health training, law enforcement turns a blind eye to the importance of de-stigmatization, equity, historic injustices, and safety, further perpetuating harm to vulnerable communities. Thus, “for the sake of everyone involved, police should be well prepared and have adequate support to answer the call when people are in mental health distress. They should also be equipped to play a role in preventing crises.