Criminal Code of Canada - section 16 - Defence of mental disorder

section 16

INTRODUCTION AND BRIEF DESCRIPTION

This section states that a person cannot be held criminally responsible for an act committed while suffering from a mental disorder that rendered them incapable of appreciating the nature of the act or knowing that it was wrong, with the burden of proof on the party that raises the issue.

SECTION WORDING

16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. (2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities. (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

EXPLANATION

Section 16 of the Criminal Code of Canada provides for a defense of mental disorder in criminal cases. Under this section, a person who committed an act or omission while suffering from a mental disorder that rendered them incapable of appreciating the nature and quality of the act or knowing that it was wrong may not be held criminally responsible for their actions. This defense is based on the principle that criminal law should only punish those who are morally blameworthy for their actions. Society recognizes that people with mental disorders may not have the same capacity to understand the nature and consequences of their actions, and therefore, should not be held to the same standard as those without mental disorders. However, it is important to note that the burden of proof lies with the party raising the issue of mental disorder. The accused person must prove on a balance of probabilities that they were suffering from a mental disorder at the time of the offense. Moreover, it is presumed that every person does not suffer from a mental disorder that exempts them from criminal responsibility, until the opposite is proven when taken to trial. This defense of mental disorder is only applicable in cases where the mental disorder was the cause, and must be clinically proven so as to be held true in a trial. If someone commits a criminal offense due to a mental disorder but is not criminally charged in court, they may undergo treatment or other mental health proceedings. Overall, Section 16 of the Criminal Code of Canada is a crucial and necessary provision to ensure that justice is served for all individuals, inclusive to those who battle with mental illnesses or impairments.

COMMENTARY

Section 16 of the Criminal Code of Canada deals with the defense of mental disorder in criminal cases. It is a fundamental principle of criminal law that a person should not be held criminally responsible for their actions if they were suffering from a mental disorder that rendered them incapable of appreciating the nature and quality of their actions, or of knowing that what they did was wrong. This provision recognizes the importance of mental health and ensures that individuals with mental illnesses are not unfairly punished for something that is beyond their control. Subsection (1) of this section lays out the threshold for establishing criminal responsibility. It requires that a mental disorder must have made the person incapable of appreciating the nature and quality of their actions or knowing that it was wrong. This means that the person's mental illness must have been so severe that they were unable to understand the nature and consequences of their actions or to distinguish right from wrong. This is a high bar to meet, and it is not enough to show that the person had a mental illness; it must be shown that the illness deprived them of the capacity to understand what they were doing. Subsection (2) of this section places the burden of proving a mental illness on the person raising the defense. This means that the accused has to prove that they were suffering from a mental disorder at the time of the offense, and that the disorder rendered them unable to appreciate the nature and quality of their actions. The burden of proof is on the accused because they are the ones making the claim that they were not responsible for their actions due to their mental state. Subsection (3) of this section acknowledges that the prosecution may also raise the issue of mental illness, and in such cases, the burden of proof would be on the prosecution to show that the accused was not suffering from a mental disorder. This is somewhat unusual, as the prosecution usually does not have to prove anything, but it reflects the fact that mental illness can be a complex issue that may require expert evidence and analysis. The defense of mental disorder is an important safeguard against unjust convictions and sentences. It recognizes that individuals with mental illnesses may not have the same level of control over their actions as others and should not be held to the same standard of criminal responsibility. However, it is not a free pass for criminal behavior. The threshold for establishing this defense is high, and it requires proof that the mental disorder was so severe that the person was unable to appreciate the nature and consequences of their actions. Section 16 also reflects the growing recognition of the importance of mental health in the criminal justice system. It acknowledges that individuals with mental illnesses may require specialized treatment and support, and that punishing them for their behavior may not be the most effective solution. While this provision is not a substitute for adequate mental health care and support, it is an important step towards ensuring that individuals with mental illnesses are not unfairly treated by the criminal justice system. In summary, Section 16 of the Criminal Code of Canada recognizes the importance of mental health and the need to account for mental illness in the criminal justice system. It sets a high threshold for establishing criminal responsibility in cases where a person is suffering from a mental disorder, and places the burden of proof on the party raising the issue. This provision is an important safeguard against unjust convictions and reflects a growing recognition of the importance of mental health in the criminal justice system.

STRATEGY

Section 16 of the Criminal Code of Canada provides a legal defence for individuals who commit crime while suffering from a mental disorder. While this section can serve as a vital tool to protect the vulnerable individuals in society, its employment requires careful consideration and strategizing to effectively utilize its provisions in a criminal trial. One strategic consideration is the necessity of obtaining strong medical evidence to support the claim of mental disorder. Mental disorders are typically diagnosed by mental health professionals who can testify as to the nature of the diagnosis, the symptoms that support it, and the extent to which it renders the individual incapable of appreciating the nature and quality of their actions or knowing that it was wrong. Without sufficient medical evidence, it may be challenging to convince the court that mental disorder was the cause of the accused's actions. Another strategic consideration is timing. Defence counsel may elect to raise the issue of mental disorder early in the case to ensure adequate time for medical professionals to assess the accused's state of mind and condition. Raising this issue also gives the Crown and defence counsel time to gather all the necessary medical records and testimony. The defence can also strategize on how best to present their evidence in court. They may choose to challenge the reliability or credibility of the prosecution witnesses or the Crown's portrayal of events. Counsel can also emphasize the nature and extent of the disorder, or the fact that the accused was taking medication or therapy to cope with their condition, which was disrupted by an external factor such as a change in medication or an emotional trigger. The defence may also seek to employ expert witnesses to strengthen their case. Strategic consideration also involves the need to engage with the Crown early on in the trial. Mental health issues are often complex and may require a collaborative approach. The Crown may agree to work collaboratively with the defence to seek a resolution that benefits the accused and the victim. This approach may lead to a plea bargain which will allow the accused to avoid a trial. In conclusion, employing section 16 of the Criminal Code of Canada requires strategic consideration and the careful use of medical and legal evidence. Defence counsel must take several steps, including obtaining strong medical evidence, early raising of the issue, timing, assessing the Crown's strategy, and pursuing collaborative negotiations with the Crown. A well-crafted and executed strategy will give the accused the best possible chance of successfully utilizing this section in their defence.