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/>.
It is true what you say about needing to look at how mental illness is currently dealt with in our society and the supports we currently have in place. I agree that people who have been deemed incapable of being held responsible for their actions should not be locked up more than they need to be. But at the same time, I think of people with good lawyers who are able to "get off" on charges and plead "insanity". I mean I guess for me it all comes down to each individual case. One person might only need to be removed from the community for a short period of time and then reintegrated with supports while someone who was criminally not responsible for their actions might need to be detained longer. I don't feel like this is a one size fits all situation. If there are looking at these changes maybe there is a reason for it. Whatever changes are made I don't think putting people with mental health issues in a jail cell no matter what the time period is will be an effective way of helping the person. Without proper mental healthy interventions, strategies and supports, how is that person suppose to regain their health back?
ReplyDeleteAngele
I sat here trying to process what you just told me, I feel like there are so many wrong things about the post. I feel that much like you and much like Angele people shouldn't be looked up longer than need be if they are truely mentally ill, however, I feelt hat the process at which it is determined if someone is mentally ill needs to be relooked at. In many cases individuals goto jail and are in many situations suffering from mental health issues, or just need a way out of some situations, but in many cases people goto jail because of poor choices and going down the wrong path. I know there is much room for growth in so many area's of mental health and similar issues, I just think it needs to be made sure that the whole picture is looked at in advance before decisions are made.
ReplyDeleteAngela
I agree when you say that they are using a band- aid solution, because what they are doing trying to "solve" the problem will only law for a little while, and when it comes time in 3 years to review the law, they will have to once again deal with this issue. Why wouldn't they go to the main source and really dig for an appropriate solution so this issue can be dealt with, and not have to be reviewed every 3 years because their "solutions" are still not working? Also, I do not agree with locking people up for longer then need be, once again get to the root solution, and try to solve the issues instead of always going around it.
ReplyDelete- Kahli
It's disappointing that out justice system is basically being used as a form of social control. I worked at the John Howard Society and many of my clients had mental illness; because of this, we really looked into our clients' individual needs and how we could give them the tools needed to stop re-offending. One time, when telling one of my criminal justice professors (a retired police officer) that I worked at JHS, he 'jokingly' said, "I lost respect for you! I worked so hard at putting those people in jail and you're getting them out." I immediately saw that there was still the strong belief that offenders are always making the conscious choice to offend. This is not always the case. These new laws will continue to marginalize persons with mental illness, as sitting in a 6x8 cell does nothing to treat the underlying cause as to why they committed an offence. Our corrections system is doing less and less for all offenders, as the focus is learning more towards punishment instead of rehabilitation.
ReplyDeleteShannon
Hey Maggie,
ReplyDeleteThis is a really touchy subject that I am glad you brought up. I had no idea that this was under review. It is interesting to think about each side of the coin. First you have the victim who blames the accused, and feels they should be held accountable since they were the ones who followed through on the actions and should have consequences. On the other hand you have the accused who may have not being aware of what was happening or could not control their action because of a severe mental illness, and how do you consequence someone for being able to control their actions? This is a hard one as a social worker, but as a potential victim it’s hard to see which side of the coin I am on. If someone were to murder my family and be able to get no consequence because of their mental illness, I would be livid. I don’t know how to think and feel about this, perhaps being placed in a mental institution so they can keep an eye on their illness and make sure they are never to harm anyone again. Good issue!
Christine-NRC
I also agree that it is important that we as a society look at how people who have a mental illness in regards to criminal offenders. I believe that there should be a stronger emphasis on rehabilitation and treatment for those in the criminal justice system who are living with a mental illness. In the past I have worked at a mental health facility and came into contact with different clients who were in the criminal justice system, and I truly believe based on my experiences that the best way to approach this issue is to have proper intervention strategies and not just use prison time as a solution. This is like stated before a band aid solution.
ReplyDelete-Amanda
I have to agree with Christine in acknowledging that this is a touchy subject. I too empathize with the victim's, and victim's families. However, I also believe incarcerating individuals facing mental health problems is essentially just ignoring the larger issue at hand. Im not sure what the solution to this issue is. I know it is important for society to feel safe, I also know it is important that people with mental disabilities receive the proper treatment. I would have to say that these new changes will just over crowd prisons, and oppress people who have a mental illness.
ReplyDelete-Alissa B
Maggie, great topic choice and blog. You approached a subject that is extremely controversial very well.
ReplyDeleteI agree with the compassion for the mentally ill. Although it is so controversial I think that the subject needs to be up for discussion because the field of mental health should be looked at with closer attention.
The lack of education on the subject is one of the biggest precursors of why people think people are capable of maintaining a clear mindset and "know" what they are doing when tragic incidents happen.
Also, I agree with Amanda in that they should be a stronger focus on rehabilitation.
Geraldine
Great info
ReplyDeleteWhat is good mental health and how do you achieve it?