“In every society there are those who commit criminal acts because of mental illness. The criminal law must find a way to deal with these people fairly, while protecting the public against further harms. The task is not an easy one.” Winko v. British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 625 at para. 1
For the student wishing to practice criminal law, it is inevitable that they will encounter individuals with mental health issues. This course will examine the various legal issues that arise when an accused person living with mental illness comes into contact with the criminal justice system. Students will become familiar with Part XX.1 of the Criminal Code (Mental Disorder) and related sections and will include fitness issues, Not Criminally Responsible verdicts, expert evidence, principles of sentencing and the Ontario Review Board. The seminar will also afford students an opportunity to reflect critically on the various social, legal and ethical issues that arise as an individual with mental health issues goes through the criminal justice system, including the use of measures to divert persons away from or out of the criminal justice system.
The class will include lectures, guest speakers and class discussion. Students will also see how these statutory provisions arise in practice through a field trip (conditions permitting) to a specialized Mental Health Court or the Ontario Review Board.
Method of Evaluation: Participation (class attendance and participation in class discussion) - 20%, Final Research Paper (7000 - 7500 words excluding footnotes, bibliography and appendices)- 80%.