Lecture 7 part 1

Question 1

Presumptions in Canada’s legal system

Answer 1

• Actus Reus
• Mens rea
• Must be found beyond reasonable doubt for guilty verdict to be reached

Question 2

Actus Reus

Answer 2

A wrongful deed

Question 3

Mens rea

Answer 3

Criminal intent

Question 4

Fitness to stand trial

Answer 4

• Involves assessment of current mental condition of the accused
• Goal is to determine if it interferes with their ability to perform legal tasks

Question 5

Fitness standard

Answer 5

• Whether defendant is mute of malice (intentionality)
• Whether defendant can plead to the indictment
• Whether defendant has sufficient cognitive capacity to understand proceedings

Question 6

Unfit to stand trial if unable, on account of having mental disorder, to

Answer 6

• Understand nature of proceedings
• Understand consequences of proceedings
• Communicate with counsel

Question 7

R v Taylor (1992)

Answer 7

• Best interest rule too strict for criterion
• Five day limit for fitness evaluations with provisions if necessary
• Issue of fitness may be raised at various stages of proceedings

Question 8

Who can assess fitness

Answer 8

• In Canada, only medical practitioners can conduct assessments
• Psychologists excluded

Question 9

Fitness instruments

Answer 9

• Fitness interview test revised (FIT-R)
• Competency screening test (CST)
• Competency to stand trial assessment instrument (CAI)
• Interdisciplinary fitness interview (IFI)
• MacArthur competence assessment tool-criminal adjudication (MacCAT-CA)

Question 10

Fitness interview test revised (FIT-R)

Answer 10

• Developed to meet fitness criteria outlined in Canadian criminal code
• Semi-structured interview
• Identify mental disorder
• Contains questions relating to defendant’s understanding of nature of proceedings, consequences and ability to communicate with council
• Works as a screening device

Question 11

MacArthur competence assessment tool-criminal adjudication (MacCAT-CA)

Answer 11

• Structured interview
• Fitness to plead guilty
• Fitness to go to trial
• Questions grouped in understanding legal system, reasoning ability, and understanding of own legal situation
• Works as a screening device

Question 12

Unfit to stand trial

Answer 12

• Proceedings halted until fit (reassessed within 45 days)
• Attempt to restore defendant to fitness
• If unlikely to become fit, the court can stay proceedings

Question 13

Insanity

Answer 13

• Not being of sound mind
• Being mentally deranged and irrational
• removes responsibility of performing an act because of uncontrollable impulses or delusions

Question 14

Ted Kaczynski

Answer 14

• 7 bombings
• Defence wanted unfit
• Kaczynski disagreed
• Paranoid schizophrenic
• Found fit and criminally responsible
• 4 life sentences

Question 15

Influentail cases of the insanity standard

Answer 15

• James Hadfield

- R v McNaughton

Question 16

3 elements specific to insanity defences

Answer 16

• Defendant must be suffering from a defect of reason/disease of the mind
• Must not know the nature and quality of act they are performing
• Must not know what he or she is doing wrong

Question 17

Bill C-30

Answer 17

• Insanity term changed to “not criminally responsable on account to mental disorder (NCRMD)”
• Wording of the standard was altered
• Review boards were created

Question 18

Winko v BC

Answer 18

• Supreme court stated that a defendant who is NCRMD should only be obtained if they pose a threat to society
• If no threat to society then they receive an absolute discharge

Question 19

Brian’s law

Answer 19

• Community treatment orders: requirements for people with mental illnesses who are living in the community to report to a mental health caregiver on a regular basis
• Requirement to take prescribed meds