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A Guide to Mental Disorder Law in Canadian Criminal Justice
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"Written by trial and appellate counsel who are expert and active in the field, [this book] presents a thorough yet accessible reference tool for those who litigate before the country's criminal courts and review boards. Principally aimed at counsel--defence, Crown and amicus curiae alike--it will also be of benefit to judges, review board members and expert witnesses... [This] compact paperback is a necessary and convenient tool in any practitioner's briefcase. It will assist in case preparation and as a quick resource to turn to while in the trenches."
Reviewed by Justice Patrice F. Band
Ontario Court of Justice
See the full book review in the Canadian Criminal Law Review, September 2021 issue (26:109)
The Definitive Book on Mental Disorder Law in Canadian Criminal Justice. This authoritative text on mental disorder matters in Canadian criminal justice will assist counsel in all such proceedings. The volume sets out the applicable law and provides practical advice on mental disorder cases. It is a comprehensive guide to criminal litigation involving vulnerable accused persons who may be unfit to stand trial, considering whether to seek a verdict of “Not Criminally Responsible” and navigating through the complex provisions within Part XX.1, the Mental Disorder Provisions of the Code.
Determinations of unfitness and the Special Verdict of “NCR” are made in the Courtroom. Once these designations are made, mentally disordered accused persons are remanded to the jurisdiction of Provincial and Territorial Criminal Code Review Boards. These Review Boards adjudicate all matters exclusively arising under Part XX.1 of the Code. Whether you are Crown counsel or defence counsel representing the unfit or NCR accused in court or before the Review Board, this guide will assist you in navigating through complex and challenging area of law and give you direction to address particular issues.
Features and Benefits
- Full text of Part XX. 1 (the Mental Disorder Provisions) of the Criminal Code and regulations and forms – Have the pertinent law available in one source
- Extensive expert commentary – Get an overview of the law and practical insights into the applicable procedures, and apply them to your advantage
- An overview of mental disorder law and related practice issues, including before the Criminal Code Review Boards – Get the edge you need to advocate your position successfully
- Practice and Ethics Tips throughout the volume – avoid landmines of complex professional conduct issues
Who Will Benefit
- Health lawyers who represent the Person in Charge of Psychiatric Facilities that detain or supervise accused
- Crown Counsel who appear in criminal courtrooms and encounter fitness or criminal responsibility issues
- Defence Counsel who represent accused persons with serious mental health issues before the Courts or at the Review Board
- Judges who hear fitness or NCR matters, order assessments of fitness or criminal responsibility and decide these cases
- Hospital and psychiatric facilities whose Persons In Charge need to know their duties and obligations under Part XX.1 of the Criminal Code
- Doctors who are called upon to treat patients detained pursuant to Part XX.1 of the Code as unfit or NCR accused under the Review Board’s jurisdiction
- Psychiatrists, physicians, forensic consultants or other mental health professionals who may be witnesses or experts at Review Board hearings
- Forensic psychologists or Occupational Therapists who assess risk or abilities of daily living for accused persons under Review Board jurisdiction
- Review Board Members who are called upon daily to make Dispositions at Annual review hearings
- Community mental health agencies like ACT teams who provide care and supervision to persons subject to Review Board jurisdiction
- And others
Table of contents
Chapter 1 — Introduction
Chapter 2 — Assessments
Chapter 3 — Fitness to Stand Trial
Chapter 4 — Section 16: the NCR defence or Special Verdict
Chapter 5 — Litigation Before the Review Board
Chapter 6 — Significant Threat to the Safety of the Public
Chapter 7 — “Necessary and Appropriate” Dispositions – s.672.54
Chapter 8 — Complex Litigation Before the Board
Chapter 9 — Effective Advocacy before Criminal Code Review Boards
Chapter 10 — Appeals & Special Remedies
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