Not Criminally Responsible Reform Act (S.C. 2014, c. 6)
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Assented to 2014-04-11
R.S., c. C-46CRIMINAL CODE
REVIEW
Marginal note:Review
20.1 (1) Within five years after sections 2 to 20 come into force, a comprehensive review of the operation of sections 672.1 to 672.89 of the Criminal Code is to be undertaken by a committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established by the Senate, the House of Commons or both Houses of Parliament, as the case may be, for that purpose.
Marginal note:Report
(2) Within a year, or such further time as authorized by the Senate, the House of Commons or both Houses of Parliament, as the case may be, after the review is undertaken, the Committee referred to in subsection (1) must submit a report on that review to the Senate, the House of Commons or both Houses of Parliament, as the case may be, including a statement of any changes recommended by the Committee.
R.S., c. N-5NATIONAL DEFENCE ACT
21. Section 197 of the National Defence Act is amended by adding the following in alphabetical order:
“disposition”
« décision »
“disposition” means an order made by a court martial under section 201, 202 or 202.16 or a finding made by a court martial under subsection 202.161(4);
“significant threat to the safety of the public”
« risque important pour la sécurité du public »
“significant threat to the safety of the public” means a risk of serious physical or psychological harm to members of the public — including any victim of or witness to the offence, or any person under the age of 18 years — resulting from conduct that is criminal in nature but not necessarily violent.
Marginal note:1991, c. 43, s. 18
22. The portion of subsection 201(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Disposition
201. (1) When a court martial makes a disposition by virtue of subsection 200(2), it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused person, the reintegration of the accused person into society and the other needs of the accused person, make one of the following dispositions that is necessary and appropriate in the circumstances:
Marginal note:2005, c. 22, s. 49
23. (1) Subparagraph 202.121(1)(b)(ii) of the French version of the Act is replaced by the following:
(ii) d’autre part, il ne présente aucun risque important pour la sécurité du public.
Marginal note:2005, c. 22, s. 49
(2) Paragraph 202.121(4)(b) of the French version of the Act is replaced by the following:
b) d’autre part, il ne présente aucun risque important pour la sécurité du public.
Marginal note:2005, c. 22, s. 49
(3) Paragraph 202.121(7)(b) of the French version of the Act is replaced by the following:
b) qu’il ne présente aucun risque important pour la sécurité du public;
Marginal note:1991, c. 43, s. 18
24. (1) The portion of subsection 202.16(1) of the Act before paragraph (b) is replaced by the following:
Marginal note:Disposition
202.16 (1) When a court martial makes a disposition by virtue of subsection 202.15(1), it shall, taking into account the safety of the public, which is the paramount consideration, the mental condition of the accused person, the reintegration of the accused person into society and the other needs of the accused person, make one of the following dispositions that is necessary and appropriate in the circumstances:
(a) by order, direct that the accused person be released from custody without conditions if, in the opinion of the court martial, the accused person is not a significant threat to the safety of the public;
Marginal note:1991, c. 43, s. 18
(2) Paragraph 202.16(1)(c) of the French version of the Act is replaced by the following:
c) la détention de l’accusé dans un hôpital ou un autre lieu approprié choisi par elle, sous réserve des modalités qu’elle estime indiquées.
25. The Act is amended by adding the following after section 202.16:
High-Risk Accused
Marginal note:Application to court martial
202.161 (1) If a court martial makes a finding under subsection 202.14(1) that an accused person is not responsible on account of mental disorder and it has not terminated its proceedings in respect of the accused person, the Director of Military Prosecutions may make an application to the court martial for a finding that the accused person is a high-risk accused.
Marginal note:Application to Chief Military Judge
(2) If the court martial has terminated its proceedings in respect of the accused person, the Director of Military Prosecutions may make the application to the Chief Military Judge. On receipt of the application, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial.
Marginal note:Restriction
(3) No application shall be made under subsection (1) or (2) if a disposition has been made to release the accused person from custody without conditions or to discharge the accused person absolutely.
Marginal note:Finding
(4) The court martial referred to in subsection (1) or (2) may, at the conclusion of a hearing, find the accused person to be a high-risk accused if the accused person has been found not responsible on account of mental disorder for a serious personal injury offence, the accused person was 18 years of age or more at the time of the commission of the offence and
(a) the court martial is satisfied that there is a substantial likelihood that the accused person will use violence that could endanger the life or safety of another person; or
(b) the court martial is of the opinion that the acts that constitute the offence were of such a brutal nature as to indicate a risk of grave physical or psychological harm to another person.
Definition of “serious personal injury offence”
(5) For the purposes of subsection (4), “serious personal injury offence” means
(a) a serious offence, or an offence referred to in section 77, 86, 87, 92, 95, 113, 120, 124 or 127, involving
(i) the use or attempted use of violence against another person, or
(ii) conduct endangering or likely to endanger the life or safety of another person or inflicting or likely to inflict severe psychological damage upon another person; or
(b) an offence referred to in section 151, 152, 153, 153.1, 155, 160, 170, 171, 172, 271, 272 or 273 of the Criminal Code that is punishable under section 130 or an attempt to commit such an offence.
Marginal note:Factors to consider
(6) In deciding whether to find that the accused person is a high-risk accused, the court martial shall consider all relevant evidence, including
(a) the nature and circumstances of the offence;
(b) any pattern of repetitive behaviour of which the offence forms a part;
(c) the accused person’s current mental condition;
(d) the past and expected course of the accused person’s treatment, including the accused person’s willingness to follow treatment; and
(e) the opinions of experts who have examined the accused person.
Marginal note:Detention of high-risk accused person
(7) If the court martial finds the accused person to be a high-risk accused, the court martial shall make a disposition under paragraph 202.16(1)(c), but the accused person’s detention must not be subject to any condition that would permit the accused person to be absent from the hospital or other appropriate place unless
(a) it is appropriate, in the opinion of the person in charge of the hospital or other appropriate place, for the accused person to be absent from the hospital or place for medical reasons or for any purpose that is necessary for the accused person’s treatment, if the accused person is escorted by a person who is authorized by the person in charge of the hospital or place; and
(b) a structured plan has been prepared to address any risk related to the accused person’s absence and, as a result, that absence will not present an undue risk to the public.
Marginal note:Assessment order
(8) Subject to regulations, if the court martial has reasonable grounds to believe that evidence of the mental condition of an accused person is necessary for the purpose of determining the appropriate disposition to be made under this section, the court martial may make an order for an assessment of the accused person.
Marginal note:Referral to court martial for review
202.162 (1) If a Review Board, in exercising a power under section 202.25, decides to refer to a court martial for review under subsection 672.84(1) of the Criminal Code a finding that an accused person is a high-risk accused, the Review Board shall, immediately after making the decision, cause a copy of it to be sent to the Chief Military Judge.
Marginal note:Convening court martial
(2) On receipt of a copy of the decision, the Chief Military Judge shall cause the Court Martial Administrator to convene a Standing Court Martial to review the finding.
Marginal note:Review of finding by court martial
(3) The court martial shall, at the conclusion of a hearing, revoke the finding if the court martial is satisfied that there is not a substantial likelihood that the accused person will use violence that could endanger the life or safety of another person, in which case sections 202.15 and 202.21 apply as if the court martial has made a finding of not responsible on account of mental disorder.
Marginal note:Finding not revoked
(4) If the court martial does not revoke the finding, it shall immediately send to the Review Board, in original or copied form, a transcript of the hearing, any other document or information related to the hearing, and all exhibits filed with it, if the transcript, document, information or exhibits are in its possession.
Marginal note:Assessment order
(5) Subject to regulations, if the court martial has reasonable grounds to believe that evidence of the mental condition of the accused person is necessary for the purpose of determining whether to revoke the finding, the court martial may make an order for an assessment of the accused person.
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