Canadian Law and the Mentally Disordered Offender
Curriculum guideline
- Lecture (primary mode of instruction)
- In-library Quicklaw Lab
- Small group discussions re case law
- Video materials, Web based resources
- Research paper
- Field trip
The course begins in Section One with a brief history of the management and treatment of the mentally disordered criminal. The student will subsequently be introduced to the professional disciplines involved in forensic psychiatry, psychology, and law, understanding that each discipline contributes to the overall management of the mentally ill accused.
An examination of the major mental disorders follows in Section Two. The student will become generally familiar with the symptoms and behaviours associated with common disorders of the mind and with what statistical frequency these behaviours may result in Criminal Code offences and subsequent legal proceedings. Bio-criminological theory provides the basis for examining the aetiology of these offences. Instructional dimension is provided through the examination of case law together with criminological theory. This course utilizes court reported examples and case studies, examining the experience of the mentally disordered offender in a more tangible, “real life” context, while incorporating legal and criminological study to fully examine the issues.
Section Three focuses on relevant case law for lecture and in-class discussion. The Supreme Court of Canada ruling in Winko is discussed in depth as it relates to the concepts of liberty of the person and public safety. European and US case law on the “insanity defence” will be examined in comparison to current Canadian law.
Section Four of the course addresses the legal pathways of the accused person, and will focus on the Mental Disorder Provisions of the Criminal Code (Part XX.1). The student examines the process of arrest, remand, bail, pre-trial, court appearances, hospitalisation and reintegration. The student will become familiar with these procedural systems, and is able then to apply the process to hypothetical cases as part of course work assignments and the term paper.
At least one guided field trip to a psychiatric institution, prison or specialized court is an additional learning resource, where scheduling permits.
At the conclusion of the course, the successful student will be able to:
- Describe the experience of the mentally disordered offender in the criminal justice system in terms of the official state structure and process imposed on the offender.
- Describe the historical management of the mentally disordered offender and become demonstrably knowledgeable with regard to the major mental disorders, and also with the possible associated criminogenic factors.
- Identify and describe the various professional disciplines at work in the Canadian Criminal Justice System and Forensic Psychiatric System.
- Describe the criminal process and procedures in place to detain and treat the criminally accused mentally ill person.
- Explain the legal concept of “the protection of the public” in so far as risks posed by the mentally ill offender.
- Identify and describe the current legal issues in mental health law.
- Compare and contrast the legal standards for the “defence of insanity” between different jurisdictions, for example, Canada and the United States.
- Describe the mental disorder provisions of the law and institutional procedures (forensic hospitals) from both the practical procedures of management of the mentally disordered offender and academic/theoretical perspectives.
- Retrieve case law and conduct research via the Quicklaw system and Web based resources.
The instructor will provide a course outline at the start of the semester containing specific evaluation criteria. All evaluations will conform to the policies of Douglas College. Formal evaluations will be based on the following:
- Examinations: midterm and final
- Class participation
- Term paper, project or presentation
An example of a possible evaluation scheme would be:
| Midterm | 25% |
| Final | 25% |
| Term paper | 30% |
| Class assignments | 10% |
| Class participation | 10% |
| Total | 100% |
Textbooks and Materials to be Purchased by Students
Recommended/Required Texts:
Grey, J., Shone, M.A. & Liddle, P.F. (2008). Canadian Mental Health Law and Policy. 2nd ed. Lexis Nexis.
Additional assigned course readings, case law, legislation and regulations will be accessible online. Additional readings will be available on a week- to-week basis, and in advance as required.