Since the “collective commotion” caused by the first murder trial of ex-cardiologist Guy Turcotte, only one jury has sent a killer to the psychiatric hospital rather than to the penitentiary.
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The stakeholders interviewed for this survey are unanimous: this is a turning point in public opinion regarding the verdict of not criminally responsible on account of mental disorder (NCRTM).
The Laurentian doctor was recognized NCRTM in July 2011 for the murders of his three and five year old children. He drank windshield washer fluid after the crime, in an attempt to kill himself.
“It is not at all representative of our patients nor of the homicide files that we have [à l’Institut Philippe-Pinel]. It’s unfortunate, because we’ve talked about it a lot, but the people we treat don’t have that profile at all, ”notes criminologist Sandrine Martin.
Shaken confidence
However, this case has struck the collective imagination to the point of shaking public confidence in justice and toughening the law to add the label of high-risk defendant in 2014.
“There is the whole problem of the credibility of the judicial process. […] It feels like a scam. If you have a good defense, you’re going to have a candy, in the end, and in his case, it’s a bit true, ”says law professor Emmanuelle Bernheim.
The Court of Appeal, however, ordered a new trial, after which Turcotte was sentenced to life in prison without release for 17 years.
Never again
“It was a collective commotion after the first verdict, people were traumatized. […] It’s as if they said to themselves: never again [on ne va laisser passer ça]“, explains the criminal lawyer Véronique Robert.
Only one killer has been found NCRTM by a jury since, according to our research. And the circumstances were special: he was hospitalized in the psychiatric ward when he strangled two other patients.
This verdict has also been rejected in several other high-profile cases such as Luka Rocco Magnotta, Richard Henry Bain and, more recently in Quebec, Carl Girouard.
Admittedly, dozens of murderers have been declared NCRTM since the Turcotte affair, but always following an agreement between the Crown and the defence.
Are we witnessing a hardening of mentalities? “Perhaps, I wouldn’t be surprised,” replies psychology professor Suzanne Léveillée.