Mental Disorder in Canadian Criminal Law

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The authoritative text on mental disorder and the criminal law, as cited by the Supreme Court of Canada, provincial Courts of Appeal, trial courts and Review Boards across Canada as well as the National Judicial Institutes Model Jury Instructions and Library of Parliament Background Papers including:

  • R. c. Bouchard-Lebrun, 2011 SCC 58, 2011 Carswell 12786
  • R. v. Café, 2019 ONCA 775, 2019 CarswellOnt 17374
  • R. c. Bertrand, 2017 QCCA 488; 2017 CarswellQue 2312
  • Osawe, Re, 2015 ONCA 280; 2015 CarswellOnt 5615
  • R. v. Magomadova, 2015 ABCA 26; 2015 CarswellAlta 71

This book provides comprehensive coverage of all issues related to Part XX.1 of the Criminal Code. It offers regular updates for legislative and jurisprudential developments, convenient informational resources, and navigational aids to facilitate both quick consultation and in-depth legal research.

Issues covered in this work include the following:

  • The defence of Not Criminally Responsible by reason of Mental Disorder (NCRMD)
  • Fitness and Unfitness to stand trial
  • Assessments to determine issues of fitness and criminal responsibility
  • The automatism defence
  • The impact of mental disorders in the non-NCR context, including as it relates to intent, sentencing, infanticide, the admissibility of statements and the validity of guilty pleas
  • Review Board proceedings including procedural and evidentiary issues
  • Review Board dispositions
  • Appeals of not criminally responsible and unfit to stand trial verdicts
  • Appeals of Review Board dispositions
  • Travel, interprovincial transfers and extraterritorial matters
  • Rules of Practice and Procedure for the Review Boards of British Columbia, Nova Scotia, Ontario and Quebec
  • Listings of Canadas designated psychiatric hospitals.
  • Other features include relevant provisions of the Criminal Code, Youth Criminal Justice Act, the International Transfer of Offenders Act, forms for assessment orders, warrants of committal, and more.

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Criminal law & procedure


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