Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2015-07-09 and last amended on 2015-06-23. Previous Versions

Verdict of Not Criminally Responsible on Account of Mental Disorder

Marginal note:Verdict of not criminally responsible on account of mental disorder

 Where the jury, or the judge or provincial court judge where there is no jury, finds that an accused committed the act or made the omission that formed the basis of the offence charged, but was at the time suffering from mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1), the jury or the judge shall render a verdict that the accused committed the act or made the omission but is not criminally responsible on account of mental disorder.

  • 1991, c. 43, s. 4.
Marginal note:Effect of verdict of not criminally responsible on account of mental disorder

 Where a verdict of not criminally responsible on account of mental disorder is rendered, the accused shall not be found guilty or convicted of the offence, but

  • (a) the accused may plead autrefois acquit in respect of any subsequent charge relating to that offence;

  • (b) any court may take the verdict into account in considering an application for judicial interim release or in considering what dispositions to make or sentence to impose for any other offence; and

  • (c) the Parole Board of Canada or any provincial parole board may take the verdict into account in considering an application by the accused for parole or for a record suspension under the Criminal Records Act in respect of any other offence.

  • 1991, c. 43, s. 4;
  • 2012, c. 1, ss. 145, 160.
Marginal note:Verdict not a previous conviction

 A verdict of not criminally responsible on account of mental disorder is not a previous conviction for the purposes of any offence under any Act of Parliament for which a greater punishment is provided by reason of previous convictions.

  • 1991, c. 43, s. 4.
Marginal note:Definition of “application for federal employment”
  •  (1) In this section, “application for federal employment” means an application form relating to

    • (a) employment in any department, as defined in section 2 of the Financial Administration Act;

    • (b) employment by any Crown corporation as defined in subsection 83(1) of the Financial Administration Act;

    • (c) enrolment in the Canadian Forces; or

    • (d) employment in connection with the operation of any work, undertaking or business that is within the legislative authority of Parliament.

  • Marginal note:Application for federal employment

    (2) No application for federal employment shall contain any question that requires the applicant to disclose any charge or finding that the applicant committed an offence that resulted in a finding or a verdict of not criminally responsible on account of mental disorder if the applicant was discharged absolutely or is no longer subject to any disposition in respect of that offence.

  • Marginal note:Punishment

    (3) Any person who uses or authorizes the use of an application for federal employment that contravenes subsection (2) is guilty of an offence punishable on summary conviction.

  • 1991, c. 43, s. 4.