The involvement of individuals with mental illness in the criminal justice system is receiving increased attention. Under the current law, the court or jury makes a special verdict of “Not Criminally Responsible on Account of Mental Disorder” if the accused did not at the time of the offence appreciate what he or she was doing, or that it was wrong, due to a mental disorder. This paper will outline the current Criminal Code mental disorder regime, before examining how Bill C-54, the Not Criminally Responsible Reform Act, proposes to build on the existing law. By exploring the provisions of Bill C-54 aimed at enhancing public safety, this thesis will discuss whether the reforms are supported by empirical evidence, and will likely achieve its stated objective. This paper will also consider the possibility of constitutional challenge in light of the ‘twin goals” statutory framework and Supreme Court jurisprudence.

The involvement of individuals with mental illness in the criminal justice system is receiving increased attention. Under the current law, the court or jury makes a special verdict of “Not Criminally Responsible on Account of Mental Disorder” if the accused did not at the time of the offence appreciate what he or she was doing, or that it was wrong, due to a mental disorder. This paper will outline the current Criminal Code mental disorder regime, before examining how Bill C-54, the Not Criminally Responsible Reform Act, proposes to build on the existing law. By exploring the provisions of Bill C-54 aimed at enhancing public safety, this thesis will discuss whether the reforms are supported by empirical evidence, and will likely achieve its stated objective. This paper will also consider the possibility of constitutional challenge in light of the ‘twin goals” statutory framework and Supreme Court jurisprudence.