Mental Illness and Criminal Liability
According to Statistics Canada, approximately 1 in 3 Canadians will be affected by a mental illness during their lifetime. It is important to clarify that very few of them will end up committing a crime or violent act. Only 5-10% of people with mental illness are at risk of violence because of their illness. When acting out a violent gesture, in the majority of cases, the major mental health disorder alone does not explain this behavior. These people usually have other associated problems such as, for example, drug addiction or a personality disorder.
Criminal liability:
Our criminal code presumes that everyone is of sound mind and can therefore be held responsible for a criminal offence. However, a person may be not criminally responsible if he or she suffered from a mental disorder at the time of committing the crime. ATTENTION : This does not mean that everyone with a mental disorder can be found not criminally responsible. Nor does it mean that once an accused is found not criminally responsible that he is acquitted.
To be deemed not criminally responsible, the disorder from which the person suffers must render him incapable of judging the nature and quality of his actions or of knowing that the act is wrong. This mental state should not be caused by alcohol or drugs. Once the accused has been found not criminally responsible, he will be assessed by the Commission for the Review of Mental Disorders (CETM) to determine if he represents a significant risk to public safety. The CETM will then decide whether the person should be released, with or without conditions, or detained in a hospital.
You have questions, you are worried about your loved one with a major mental health problem, do not hesitate to contact us. For any emergency or crisis situation, dial 811 option 2 or Urgence-détresse at 1-866-277-3553.
Catherine Cliche
General Manager Le Sillon
Sources :
https://www.canada.ca/fr/sante-publique/services/publications/maladies-et-affections/maladie-mentale-canada-infographie.html
https://pinel.qc.ca/comprendre-la-maladie-mentale/
https://educaloi.qc.ca/
Le Sillon’s mission is to bring together the members of the entourage of a person who presents clinical manifestations related to a major mental health disorder, to offer them a range of support services, in order to allow them to actualize their potential.
477, 90e Rue, Suite 240, (Place 90), Saint-Georges, Qc G5Y 3L1
Tel. : 418-227-6464 | Fax. : 418-227-6938
E-mail : [email protected] | Site Web : www.lesillon.com
GROUP OF RELATIVES AND FRIENDS OF THE PERSON
SUFFERING FROM A MENTAL ILLNESS. BEAUCE ETCHEMINS TERRITORY.
NETWORK MEMBER: