Legal

Question 1

Aptitude to stand trial

Answer 1

ARTICLE 2

You need to have a mental disorder but having one doesn’t automatically declare you inapt.

If declared, can treat up to 60 DAYS

MCGARRY CRITERIA
Regina v. Taylor

Question 2

Criminal Responsibility

Answer 2

ARTICLE 16

Can be requested by defence at any time
Can be requested by crown only after guilty verdict

Proven by > 51% probability (NOT reasonable doubt)

NCR if < 7 yo (lack MENS REA aka knowing it’s a criminal act)
Responsible if > 14 yo
In between, based on Mens Rea

M.NAUGHTEN:
1 - Mental illness
2 - capacity to appreciate nature of act OR to appreciate right vs. wrong

Durham “product” test:
Is the act a “product” of mental illness?

Question 3

Commission D’Examen des Troubles Mentaux (TAQ - Tribunal Administratif du Quebec)

Answer 3

Section 672

1st audience 45 days after NCR
(90 days if in detention or conditional liberation)

CAN’T FORCE TREATMENT but can detain if needed
BC vs. Winko

Question 4

NCR stats

Answer 4

84% are men
74% on social assistance
71% psychotic disorder
34% victims are family
Menace or voie de fait
17% relapse at 3 years (half the rate of regular prisoners)

Question 5

Law C-14

Answer 5

NCR can be declared “high risk” of re-offending by judge

Question 6

Strongest predictor of violence according to McArthur?

Answer 6

Psychopathy

Question 7

PCL-R

Answer 7

HARE

Score > 30 is positive (20 criteria)

Question 8

Psychopathy

Answer 8

Factor 1:
Narcissistic, low suicide risk, interpersonal/affective deficits
NON-TREATABILITY

Factor 2:
Antisocial, high suicide risk, impulsivity, irresponsibility

Question 9

Dangerosity assessment

Answer 9

HCR-20 = clinical (static + dynamic variables)
VRAG = statistical (probability of relapse)

Question 10

Which case set precedent for duty to warn in Canada?

Answer 10

Smith vs. Jones
Public security outranks confidentiality if
- there is a clear target
- there is a serious risk
- the risk is imminent

Question 11

What needs to be reported to federal authorities?

Answer 11

Train conductors

Plane pilots

Question 12

What needs to be reported to provincial authorities?

Answer 12

Child abuse

Driving (must tell patient not to drive but not forced to tell SAAQ unless think they are not respecting it)

Question 13

Violence in general population vs. psychiatric population?

Answer 13

10 M > 1 F in general

M = F in psychiatric

Question 14

Which symptoms most risky for violence?

Answer 14

DELUSIONS (paranoia, control)

More than command hallucinations…

Question 15

Which neurobiological factors increase risk of violence?

Answer 15

LOW CORTISOL

HIGH TESTOSTERONE

Question 16

4 Ds of negligence?

Answer 16

Duty
Dereliction (failure to perform duty)
Damages
Direct cause

Question 17

When can you tell parents a 14 yo has been hospitalized?

Answer 17

If for > 12 H but cannot tell them diagnosis

Question 18

Ages of consent for sex?

Answer 18

16-17 yo CAN consent

14-15 yo can consent if 5 YEARS MAX

12-13 yo can consent if 2 YEARS MAX

< 12 yo CANNOT consent

Question 19

CMA foundation principles?

Answer 19

Compassion
Respect
Benefaisance (paternalistic)
Non-malefaisance
Justice
Imputability

Question 20

Penrose effect?

Answer 20

Closure of mental hospitals = increase people in prisons but no evidence of mentally ill ending up in prison…