There is growing concern and debate in the Mental Health
field about the Federal government making significant changes to the Criminal
Code of Canada. These changes will make it harder for doctors to let killers
out of custody after they have been found not criminally responsible.1
The annual review hearings for mentally ill offenders diagnosed “not criminally
responsible” at time of crime, is currently on a yearly review process during
their treatment at a psychiatric facility.2 Due to growing concern
and outcry from the victim’s families of these crimes, Ottawa is planning to push
back the review process to every 3 years by 2013 and new law changes could make
it more difficult for doctors to release them.3
There are mixed opinions about these up-coming law changes
from mental health professionals/activists and politicians. Some of these
opinions include that of Mayor Richard Stewart of Coquitlam, which is beside
Port Coquitlam and its psychiatric hospital housing mentally ill killers.4
One of these patients includes Allan Schoenborn who was found not criminally
responsible for killing his three children.5 The Mayor feels for the
victims’ families, and agrees that changing the rules better balances the
rights of all of the parties involved with crimes committed by the mentally
ill. These parties include those who have not been convicted of a crime due to
their illnesses, and rights of society that need protection as well.6
Though, many mental health professionals and social
activists feel that these changes to the criminal code could result in a
challenge under the Charter of Rights and Freedoms for violating the rights of
patients. For example, SFU criminology Prof. Simon Verdun-Jones feels that
there must be more compassion for the mentally ill, stating that if our courts
want to indefinitely lock someone up as a result of something they did when
they were not criminally responsible they should also remember that the
individual is a victim of their own mental illness as well.7 He
feels that these changes would be violating the rights of the patients that
were diagnosed “unaware of their crimes” due to their state of mental illness
at the time.8
Catherine Latimer, Executive Director of the John Howards
Society of Canada also expressed her concern, as well as the organization’s
concerns with the law changes.9 She explained even though she
understands the pain and trauma that the families of victims experience in
these cases, our society has to remember that if these killers are diagnosed as
not criminally responsible at the time of attack due the their state of mental
illness, keeping them locked up is not a proper solution to the problem at
hand.10 She feels the focus of the justice system should be to work
harder to provide treatment for these people swiftly so that they no longer
pose a threat to society, and it is important for people who lost their
liberties to get yearly reviews.11 She also suggested the Criminal
Code may be vulnerable for a charter challenge if these changes go through and
they are detaining someone when they are treated and no longer pose a threat to
society.12
The issue of these law changes to the Criminal Code of
Canada regarding mentally ill offenders is a highly debatable, important issue
happening in our society right now. I feel that the Federal government is
currently dealing with this issue through a liberal (institutional) ideological
lens because they are kind of taking a band-aid/cover-up approach to deal with
this problem. They are dealing with the concerns of the victim’s families by
institutionalizing these high-risk mentally ill offenders for a longer period
of time but not really dealing with the major underlying this issue. According
to the liberal ideology lens the government provides basic security and minimal
social services and this is displayed through their law changes of the Criminal
Code. If they were to really start addressing the concern about mentally ill
offenders they would have to look at the rooted issue of the lack of mental
health assistance for those in need in our social-welfare system.
-Maggie Turpin
References:
1-8: News, CBC. "Mentally Ill Killers
Could Face Tougher Road to Release - British Columbia - CBC News." CBCnews.
CBC/Radio Canada, 21 Nov. 2012. Web. 27 Nov. 2012.
<http://www.cbc.ca/news/canada/british-columbia/story/2012/11/21/bc
criminal-code-changes.html>.
9-12: "The
Government Proposes Changes to Keep Mentally Ill Offenders in Detention for
Longer - On The Coast - CBC Player." CBCnews. CBC/Radio Canada, 22
Nov. 2012. Web. 27 Nov. 2012. <http://www.cbc.ca/player/Radio/Local
Shows/British Columbia/On The Coast/ID/2308323543/>.