When facing criminal charges, many people may wonder how their mental health could affect the outcome of their case. In Ontario, as in the rest of Canada, the law does take mental health into consideration, and in some cases, it can play a significant role in your defence. If someone is struggling with a mental illness at the time of committing an offence, it may affect the finding of guilt. But how exactly does mental state factor into a criminal trial? In this blog post, we’ll explore one of the key legal concepts in Canadian law: being “not criminally responsible” (NCR).
What Does It Mean to Be Not Criminally Responsible?
In Canada, being “not criminally responsible” means that a person is not held legally accountable for committing a crime because they were suffering from a mental illness or disorder at the time. This concept is based on the idea that people who are mentally ill might not understand the consequences of their actions or may not have control over their behavior when committing a crime.
To put it simply, if someone is unable to form the necessary intent to commit a crime due to their mental state, they may be found NCR. For example, a person who is experiencing severe psychosis may not understand that what they are doing is wrong or might be unable to control their actions. In such cases, the law recognizes that the person may not be morally or legally responsible for their actions in the way that someone without a mental illness would be.
However, being found NCR does not mean that someone gets off without any consequences. Instead, rather than serving time in prison, the person may be sent to a psychiatric hospital for treatment and care. Depending on the case, they may spend more time in a psychiatric hospital than they would have in prison. The goal is to ensure that the individual gets the medical help they need to recover, rather than punishing them for actions that were influenced by their mental illness.
It’s also important to note that being found NCR is not automatic. The defence must show that the individual was suffering from a mental disorder at the time of the crime. This is often done with the help of expert witnesses, such as psychologists or psychiatrists, who can assess the person’s mental health at the time of the offence.
Need a Strong Legal Team at Your Side?
If you or someone you know is facing criminal charges and believes their mental health may have played a role in the offence, it’s crucial to speak with a qualified criminal defence lawyer. At Collett Read LLP, we have the experience and knowledge to assess how your mental health might impact your case and can guide you through the legal process. We understand that mental illness is a serious issue, and we are committed to ensuring that our clients receive fair and just treatment under the law.
Contact us today at (905) 541-2228 or fill out our intake form for a free consultation.
