Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2017-11-20 and last amended on 2017-10-18. Previous Versions

Marginal note:Defence of mental disorder
  •  (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.

  • Marginal note:Presumption

    (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities.

  • Marginal note:Burden of proof

    (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

  • R.S., 1985, c. C-46, s. 16;
  • R.S., 1985, c. 27 (1st Supp.), s. 185(F);
  • 1991, c. 43, s. 2.
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