Selluski CLU3M Essay 2014

Should the Canadian Government remove the NCR defence?

The Criminal Lunatics Act of 1800 was adopted by Canada in 1892. During that time, defendants could
plead a verdict of not guilty by reason of insanity. If successful, the individual was deemed criminally
insane and automatically detained without a hearing to assess his or her dangerousness. A landmark
Supreme Court decision (R vs Swain) declared the law to be in conflict with the Charter of Rights and
Freedoms and ordered the government to fix it. The result was Bill C-30, the NCRMD (not criminally
responsible on account of mental disorder - NCR for short) defense which became law in 1992.
If a person is found to have committed the act that constitutes an offence, but lacked 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" . They are neither
convicted, nor acquitted.
A person found either unfit to stand trial or Not Criminally Responsible (NCR) is referred to a provincial or
territorial review board, which decides on a course of action. Under the current law, a review board can
make one of three possible decisions:
An absolute discharge if the person does not pose a significant threat to public safety (only
available for a person found NCR);
a conditional discharge; or
detention in custody in a hospital.
Is the defence of NCR appropriate in Canadian society? What should be the governments next move?

Task:
1. Students will determine a position for the above topic. You must choose to accept and acknowledge
the current defence and sentencing, OR remove the option of a NCR defence.
2. Students will write a properly prepared essay using research found on the topic (this also includes any
information discussed in class). Use the CLU3M link and access the Essay dropdown link for articles to
learn more about the topic.
3. The paper must be typed, and must include:
a. Your paper must have a decisive thesis.
b. Your paper must have 6 paragraphs (see attached template)
c. Your second paragraph must provide information on the alternative views to your position you will
try to prove.
d. Your paper must have a title page in the appropriate style- see example on website.
e. You must use a minimum of 4 sources, including legal cases, articles, and books.
f. Your paper must have a bibliography listing the research provided to you in alphabetical order in
proper style- see example on website. Your bibliographical sourcing will be assessed for marks.
g. Each body paragraph must have a minimum of 2 supporting facts, quotes, or information from your
research.