4,104
edits
Changes
→1. Defence of Mental Disorder – Criminal Code, Section 16
An accused is presumed to not suffer from a mental disorder that exempts him or her from criminal responsibility until the contrary is proven on a balance of probabilities (s 16(2)). An official finding that the accused is NCRMD will occur only when the Crown has otherwise proven the accused guilty beyond a reasonable doubt and the mental disorder exempting the accused from criminal responsibility is proven on a balance of probabilities, the burden of which is on the party that raises the issue (s 16(3)).
== C. Disposition Hearings After NCRMD ==
A finding of NCRMD ends criminal proceedings against the accused. There will then be a disposition hearing either in court or by the review board (s 672.38). Under s 672.54 a person found NCRMD may be: a)discharged absolutely where the review board or court finds that the accused is not a significant threat to the safety of the public; b)discharged subject to conditions considered appropriate by the court or review board; or c)detained in custody in a psychiatric hospital subject to conditions considered appropriate by the court or review board. d)With the passage of Bill C-14, discussed fully below, the court may also designate a person as a high-risk accused.