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

Mentally ill offenders currently account for an estimated 73-79% of incarcerations in Canada. This is in juxtaposition with the fact that between 2005 and 2012, 0.08% of accused received a verdict of not criminally responsible on account of mental disorder. It is clear that the over-representation of incarcerations involving mental illness is not mitigated by the availability of an NCRMD defense. The criminal justice system is failing to support offenders with mental health i

The case of Ontario (Attorney General) v G (“G”) is a complex and interesting case that deals with the issues of discrimination based on mental disability, transparency in judicial decisions, and conflicting rights granted under the Canadian Charter of Rights and Freedoms (“Charter”). This case commentary will focus primarily on the discrimination that individuals found not criminally responsible on account of mental disorder (“NCRMD”).

Dr. HYGIEA CASIANO and Dr. SABRINA DEMETRIOFF write a compelling paper that deals with the interplay of forensics and courts in Canada.

see the tiny url here: https://tinyurl.com/y4avk35s