CHARTER RIGHTS Supreme Court of Canada in Winko, Pinet-Tulikorpi, and Mazzei Jennifer Chambers Empowerment Council Coordinatorgh
Section XX.1 of the Canadian Criminal Code relates to those individuals found Not Criminally Responsible Due to Mental Disorder ( NCR ) or Unfit to Stand Trial. It is to be read in the context of the four guiding " pillars " as follows: • protection of the public from dangerous persons, • the mental state of the accused, • re-integration of the accused into society, and • the other needs of the accused.
At no point in the majority decision of the SCC in Winko, has greater importance been apportioned to one or another of these " pillars ".
“Dangerousness” has a specific, restricted meaning of “a significant threat to the safety of the public”. • It must be supported by the evidence. • There must be a real risk of physical or psychological harm and this harm must be serious. • The conduct or activity creating the harm must be criminal in nature.”
The NCR accused does not have to prove
There is no presumption of dangerousness
permitted by law. “If the evidence does not support the conclusion that the NCR is a significant risk, the NCR need do nothing; the only possible order is an absolute discharge.”
In all cases, the Review Board must make the disposition that is the
of the NCR accused’s liberty possible.
Winko followed by Pinet-Tulikorpi
The Review Board has an affirmative duty “to consider the accused’s personal needs”
SCC in Winko and Mazzei