Canadian Law Research Assignment : The Federal Code And The National Defence Act

1467 Words Dec 4th, 2015 6 Pages
Canadian Law Research Assignment It has long been acknowledged that an offender who as a result to mental disorder, is incapable of understanding the nature and quality of a criminal act, or of recognizing that it was wrong, should not be convicted. Bill C-54 the Not Criminally Responsible Reform Act deals with the accused who has been found Criminally Responsible because of mental disorder. Not Criminally Responsible (NCR) is defined in Section 16 of the Canadian Criminal Code, stating that if someone is deemed NCR he or she cannot be held accountable for the offence they’ve committed, merely if at that time they were suffering through a mental disorder. The Bill will enact three main factors which will affect the mental disorder regime in the Criminal Code and the National Defence Act. The Bill will increase the notice and involvement of victims who are NCR, create a new category of “high-risk” accused that will have a punitive form of custody, and it will fortify the conditions of the Review Boards (Schneider). Bill C-54 should not be implemented due to the ambiguity between a mental disorder and immoral behaviour, the similarity between treatment and punishment, and because enforcing the bill will lead to Canadian Tax Dollars being used in a non-effective approach to people deemed NCR.
The NCR law discusses how an accused is incapable of knowing the act they committed was wrong, but the Bill fails to distinguish between behaviours arising from mental disorders and…

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