Mr. Speaker, it is a great pleasure for me to rise in the debate on this important bill, Bill C-10, and encourage all members of the House to support these reforms.
In its detailed 2002 study of the mental disorder provisions of the Criminal Code, the Standing Committee on Justice and Human Rights emphasized the need for reform.
The public may still be talking about the older legislation which contained the concept of “not guilty by reason of insanity”.
Canada's modern criminal law looks closely at those who are found not criminally responsible for reasons of mental disorder and persons declared unfit to stand trial. The law in this field is not well known and often misunderstood. People continue to think that someone who commits an offence and is declared to be not criminally responsible is benefiting from some sort of “escape clause”.Some people may believe there is no consequence. In other words, for this kind of reason, someone could commit a serious crime and not pay any penalty at all. Of course, that is not the case. There is no escape clause like that. Our law in this matter goes back to the 17th century. The law respecting persons declared unfit to stand trial or those found not criminally responsible because of mental disorder provides for consequences—perhaps less severe consequences, but consequences all the same—usually involving treatment and supervision that can potentially go on indefinitely and for some cases detention in a secure psychiatric facility. Thus a sentence can even be longer, rather than shorter, depending on the case.
As for the Criminal Code, it includes a whole part—namely part XX.1—that provides the rules of law and the rules of procedure that apply to persons found not criminally responsible on account of mental disorder, and persons unfit to stand trial. That part of the Criminal Code sets out a comprehensive code to ensure, in a fair and effective fashion, the monitoring and treatment of mentally disordered accused, and also public safety.
I indicated that this area of the law is not well understood—even by some lawyers—and it is even harder to grasp for victims of criminal acts—let alone the general public. In the case of victims, criminal law and the criminal justice system are often shattering, complex and daunting. Victims rarely need to know the law until they find themselves at the core of the justice system, often when they arrive in court. When an accused is found to be unfit to stand trial or not criminally responsible on account of mental disorder, victims of criminal acts are confronted with more obstacles in their pursuit of justice.
Victims want to get information on the legal system and on the case that involves them, and they deserve to get such information.
Law reforms, new thrusts and a broadening of the services have given victims a greater role in criminal proceedings. This is increasingly the case. For example, the Criminal Code was amended in 1988 to include the victim impact statement as a means to allow victims of criminal acts to describe the damage or the losses suffered because of the offence that was committed. Incidentally, I remember the debate that took place here at the time.
Some provisions passed in 1988 also provide for publication bans to protect the identity of victims of sexual assault. At the time, a review of this issue was long overdue. Other changes made to the Criminal Code over the past 15 years have helped give a more important role to victims of criminal acts, while respecting the rights of the accused.
In response to the report published in 1998 by the Standing Committee on Justice and Human Rights, entitled “Victims' Rights: A Voice, Not a Veto”, the government adopted in 1999 a series of amendments to the Criminal Code to ensure, among other things, that victims are informed of the possibility of submitting a victim impact statement; to include the safety of the victims in the factors that have to be taken into account in making a decision on interim release; to specify the automatic imposition of a mandatory victim fine surcharge, and the amount of this surcharge; and to give judges the discretionary power to impose a publication ban to protect the identity of any victim or witness, as required in the interest of the proper administration of justice, something we all support.
The 1999 amendments also provided for a victim impact statement to be written and filed with the court or review board at a hearing to determine the sentence for an accused found not criminally responsible on account of mental disorder. The court or review board must take into account any statement filed “in determining the appropriate dispositionor conditions under section 672.54”.
The victim impact statement is provided for in paragraph 672.5(14), which states, “A victim of the offence may prepare and file with the court or review board a written statement describingthe harm done to, or loss suffered by, the victim arising from the commission of the offence”.
Where a verdict of not criminally responsible on account of mental disorder has been rendered in respect ofthe accused, the review board has to determine how the accused will be supervised. The victims of crime are often neglected, and receive little information on the follow-up, on how their safety concerns will be met or whether or not they will have a role to play or have access to any information.
The amendments in Bill C-10 will strengthen the role played by victims of crime in cases where the accused was found not criminally responsible on account of mental disorder.
I commend the government for introducing this bill, which was before the House before the election was called. Now, it is back before us, and I hope that all my hon. colleagues will give their support so that we can move forward quickly with this bill.