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
anything.
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 least restrictive 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