|By Marketwired .||
|July 11, 2014 05:50 PM EDT||
OTTAWA, ONTARIO -- (Marketwired) -- 07/11/14 -- Justice Canada
Bill C-14, the Not Criminally Responsible Reform Act, came into force across Canada today. This new legislation strengthens the Criminal Code's decision-making process relating to accused persons found Not Criminally Responsible (NCR) on account of mental disorder to make public safety the primary consideration, enhance victim safety, and provide victims with a stronger voice in the process. Minister of Justice and Attorney General of Canada Peter MacKay highlighted its significance today.
-- Bill C-14 ensures that public safety comes first when courts make decisions with respect to any accused person found NCR or unfit to stand trial on account of mental disorder. -- In addition, for even greater public safety, those NCR accused persons who are found by a court to pose a higher risk of committing future acts of violence, the legislation creates a new high-risk designation process. Upon being designated by a court as high-risk, an NCR accused would be held in custody in a hospital and could not be released by a review board until the high-risk designation was revoked by a court. -- Other effects of being designated as a high-risk NCR accused include a possible extension by the review board of the period between reviews (up to three years), the denial of unescorted passes into the community, and the condition that escorted passes could only be granted for medical reasons and subject to sufficient safeguards to protect public safety. -- The legislation also enhances the safety of victims by ensuring that they are specifically considered when decisions are being made about mentally disordered accused persons; ensuring that they are notified when such an accused is discharged and where they intend to reside, if the victims so desire; and allowing for non-communication orders between the accused and the victim. -- The reforms do not affect access to treatment for any mentally disordered accused person. -- The Not Criminally Responsible Reform Act also amends the National Defence Act to ensure consistency in the mental disorder regime in the military justice system. Those amendments will come into force at a future date to be fixed by Order in Council.
"Our Government is committed to protecting all Canadians and keeping our communities and families safe. I am very pleased to see the coming into force of another piece of legislation, introduced by this Government, to help ensure greater safety in Canada. Since the Not Criminally Responsible Reform Act was reintroduced late last year, our Government has worked quickly to put public safety first; protect Canadians from NCR accused designated as high-risk; and enhance the rights of victims by passing this legislation. Through the creation of a new high-risk designation process, this legislation ensures that NCR accused persons who meet the higher-risk threshold are no longer a threat to their victims or communities across our country."
Peter MacKay, Minister of Justice and Attorney General of Canada
Fiche d'information : Loi sur la reforme de la non-responsabilite criminelle
Not Criminally Responsible Reform Act
The Government of Canada is committed to standing up for victims of crime and making streets and communities safer for Canadians. The Not Criminally Responsible Reform Act will ensure that public safety comes first in the decision-making process with respect to accused persons found Not Criminally Responsible on Account of Mental Disorder (NCR). It would enhance the safety of victims and promote greater victim involvement in the Criminal Code mental disorder regime.
Brief Overview of the Criminal Code Mental Disorder Regime
The Criminal Code mental disorder regime applies to a very small percentage of accused persons. Under Canadian criminal law, if an accused person cannot understand the nature of the trial or its consequences, and cannot communicate with their lawyer on account of a mental disorder, the court will find that the person is "unfit to stand trial." Once an accused becomes fit to stand trial, they will then be tried for the offence with which they were initially charged.
If a person is found to have committed the act that constitutes an offence while lacking the capacity to appreciate what they did or know that it was wrong due to a mental disorder at the time, the court makes a special verdict of "Not Criminally Responsible on Account of Mental Disorder" (NCR). The person is neither convicted, nor acquitted.
An accused person found either unfit to stand trial or NCR is referred to a provincial or territorial review board, which decides on which type of order to make, which, depending on the circumstances, could be custody in a hospital, a conditional or absolute discharge.
Proposed Amendments to the Mental Disorder Regime
Public Safety is Paramount
The Not Criminally Responsible Reform Act includes several changes to the mental disorder regime of the Criminal Code. It explicitly makes public safety the paramount consideration in the court and the review board decision-making process relating to accused persons found to be NCR or unfit to stand trial, consistent with decisions of the Supreme Court of Canada, most recently R. v. Conway.
In addition, the Not Criminally Responsible Reform Act codifies the meaning of the phrase "significant threat to the safety of the public," which is used in the Criminal Code as the test to determine whether the review board can maintain jurisdiction and continue to supervise an accused person found to be NCR or unfit to stand trial. The Act states that, consistent with the Supreme Court of Canada's interpretation, the phrase means "a risk of 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". The codification will ensure more consistency in the application of this test.
Creating a High-Risk Designation
The legislation amends the Criminal Code to create a process for the designation of NCR accused persons as "high-risk" where the accused person has been found NCR for a serious personal injury offence and there is a substantial likelihood of further violence that would endanger the public. A high-risk designation could also be made in cases in which the acts were of such a brutal nature as to indicate a risk of grave harm to the public. Those designated as high-risk NCR accused persons cannot be granted a conditional or absolute discharge, and the designation can only be revoked by a court following a recommendation of the review board. This designation will apply only to those found NCR and not to persons found unfit to stand trial.
The legislation makes it clear that a high-risk NCR accused person will not be allowed to go into the community unescorted and that escorted passes would only be allowed for medical reasons or treatment purposes and only if a structured plan is in place to address any undue risk to public safety. Also, the review board may decide to extend the review period to up to three years for those designated high-risk, instead of annually. The high-risk NCR designation would not affect access to treatment by the accused.
Enhancing Victims' Involvement
The legislation will enhance the safety of victims and provide them with opportunities for greater involvement in the Criminal Code mental disorder regime by:
-- ensuring they are notified, upon request, when the accused is discharged and providing them with information regarding the accused's intended place of residence; -- allowing for non-communications orders between the accused and the victim; and -- ensuring that their safety is considered when decisions are being made about the accused person.
The Not Criminally Responsible Reform Act aims to ensure consistent interpretation and application of the law across the country. The reforms do not change the existing Criminal Code eligibility criteria for the exemption from criminal responsibility on account of mental disorder. The Not Criminally Responsible Reform Act also amends the National Defence Act to ensure consistency in the mental disorder regime in the military justice system. Those amendments will come into force at a future date to be fixed by Order in Council.
Mary Ann Dewey-Plante
Director of Communications
Office of the Minister of Justice
Media Relations Office
Department of Justice
SYS-CON Events announced today that robomq.io will exhibit at SYS-CON's @ThingsExpo, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. robomq.io is an interoperable and composable platform that connects any device to any application. It helps systems integrators and the solution providers build new and innovative products and service for industries requiring monitoring or intelligence from devices and sensors.
Apr. 1, 2015 06:00 PM EDT Reads: 1,632
The 17th International Cloud Expo has announced that its Call for Papers is open. 17th International Cloud Expo, to be held November 3-5, 2015, at the Santa Clara Convention Center in Santa Clara, CA, brings together Cloud Computing, APM, APIs, Microservices, Security, Big Data, Internet of Things, DevOps and WebRTC to one location. With cloud computing driving a higher percentage of enterprise IT budgets every year, it becomes increasingly important to plant your flag in this fast-expanding bu...
Apr. 1, 2015 05:15 PM EDT Reads: 633
Today, IT is not just a cost center. IT is an enabler and driver of business. With the emergence of the hybrid cloud paradigm, IT now has increasingly more capabilities to create new strategic opportunities for a business. Hybrid cloud allows an organization to utilize multi-tenant public clouds, dedicated private clouds, bare metal hosting, and the associated support and services for the right use cases through an on-demand, XaaS model. This model of IT creates tremendous opportunities for busi...
Apr. 1, 2015 05:00 PM EDT Reads: 3,491
Business as usual for IT is evolving into a “Make or Buy” decision on a service-by-service conversation with input from the LOBs. How does your organization move forward with cloud? In his general session at 16th Cloud Expo, Paul Maravei, Regional Sales Manager, Hybrid Cloud and Managed Services at Cisco, discusses how Cisco and its partners offer a market-leading portfolio and ecosystem of cloud infrastructure and application services that allow you to uniquely and securely combine cloud busi...
Apr. 1, 2015 04:15 PM EDT Reads: 1,674
SYS-CON Events announced today that Litmus Automation will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Litmus Automation’s vision is to provide a solution for companies that are in a rush to embrace the disruptive Internet of Things technology and leverage it for real business challenges. Litmus Automation simplifies the complexity of connected devices applications with Loop, a secure and scalable clou...
Apr. 1, 2015 04:00 PM EDT Reads: 809
Businesses are looking to empower employees and departments to do more, go faster, and streamline their processes. For all workers – but mobile workers especially – utilizing the cloud to reconnect documents and improve processes without destructing existing workflows can have a dramatic impact on productivity. In his session at 16th Cloud Expo, Mark Grilli, vice president of Acrobat Solutions marketing at Adobe Systems Incorporated, will outline new ways that the cloud is changing the way peo...
Apr. 1, 2015 04:00 PM EDT Reads: 1,465
With the arrival of the Big Data revolution, a data professional is expected to master a broad spectrum of complex domains including data processing, mathematics, programming languages, machine learning techniques, and business knowledge. While this mastery is undoubtedly important, this narrow focus on tool usage has divorced many from the imagination required to solve real-world problems. As the demand for analysis increases, the data science community must transform from tool experts to "data...
Apr. 1, 2015 03:45 PM EDT Reads: 860
As Marc Andreessen says software is eating the world. Everything is rapidly moving toward being software-defined – from our phones and cars through our washing machines to the datacenter. However, there are larger challenges when implementing software defined on a larger scale - when building software defined infrastructure. In his session at 16th Cloud Expo, Boyan Ivanov, CEO of StorPool, will provide some practical insights on what, how and why when implementing "software-defined" in the dat...
Apr. 1, 2015 03:45 PM EDT Reads: 660
While not quite mainstream yet, WebRTC is starting to gain ground with Carriers, Enterprises and Independent Software Vendors (ISV’s) alike. WebRTC makes it easy for developers to add audio and video communications into their applications by using Web browsers as their platform. But like any market, every customer engagement has unique requirements, as well as constraints. And of course, one size does not fit all. In her session at WebRTC Summit, Dr. Natasha Tamaskar, Vice President, Head of C...
Apr. 1, 2015 03:45 PM EDT Reads: 725
SYS-CON Events announced today that Emcien will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. Emcien’s vision is to let anyone use data to know the future. Emcien has built an automated, predictive analysis product that improves the lives of real people. Emcien allows people to automate their data analysis so they can build a better future.
Apr. 1, 2015 03:00 PM EDT Reads: 880
SYS-CON Events announced today that Solgenia will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY, and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Solgenia is the global market leader in Cloud Collaboration and Cloud Infrastructure software solutions. Designed to “Bridge the Gap” between Personal and Professional S...
Apr. 1, 2015 03:00 PM EDT Reads: 3,111
WSM International has launched a DevOps services division that offers assessment, consulting and implementation to large enterprises and organizations with complex infrastructures. The concept of DevOps is to blend information technology (IT) software development with operations to optimize the computing infrastructure according to the specific needs of the organization. According to a recent press release from Gartner, "By 2016, DevOps will evolve from a niche strategy employed by large cloud ...
Apr. 1, 2015 03:00 PM EDT Reads: 1,482
SYS-CON Events announced today that QTS Realty Trust, one of the nation’s largest and fastest-growing providers of data center facilities and cloud services and a leader in security and compliance, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. QTS Realty Trust, Inc. (NYSE: QTS) is a leading national provider of data center solutions and fully managed services, and a leader in security and compliance...
Apr. 1, 2015 03:00 PM EDT Reads: 1,427
SYS-CON Events announced today that WSM International (WSM), the world’s leading cloud and server migration services provider, will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY. WSM is a solutions integrator with a core focus on cloud and server migration, transformation and DevOps services.
Apr. 1, 2015 03:00 PM EDT Reads: 1,469
SYS-CON Events announced today that MangoApps will exhibit at SYS-CON's 16th International Cloud Expo®, which will take place on June 9-11, 2015, at the Javits Center in New York City, NY., and the 17th International Cloud Expo®, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. MangoApps provides private all-in-one social intranets allowing workers to securely collaborate from anywhere in the world and from any device. Social, mobile, and eas...
Apr. 1, 2015 03:00 PM EDT Reads: 3,281