The Not Criminally Responsible (NCR) defence means the accused committed the offence but lacked the mental capacity to know it was wrong. This does not mean walking free; it usually results in confinement to a psychiatric hospital. Legal fees for complex NCR cases generally range from $15,000 to $50,000 CAD.
When a horrific crime dominates the Canadian news, the public is often outraged to hear that the accused is seeking a “Not Criminally Responsible on account of mental disorder” (NCR) verdict. There is a widespread misconception that an NCR ruling is a “get out of jail free card” or a loophole used by lawyers to let criminals walk the streets. Under Section 16 of the Criminal Code of Canada, this is absolutely false. 🚨 An NCR verdict simply recognizes that sending a severely mentally ill person to a standard federal penitentiary violates basic principles of Canadian justice.
To successfully argue NCR, the defence must prove that at the exact moment the indictable offence was committed, the accused was suffering from a mental disorder so severe that they either did not understand what they were doing, or did not know that it was morally wrong. If the judge or jury agrees, the accused is not acquitted and sent home. Instead, they are transferred out of the criminal court system and placed under the jurisdiction of a provincial Review Board. 🏥 Retaining a highly skilled law firm with experience in forensic psychiatry is essential for navigating this complex process.
Step-by-Step Process of an NCR Defence in Canada
Whether the offence took place in a major city like Toronto or Vancouver, or a smaller town in Alberta, the federal Criminal Code governs the NCR defence. However, the post-trial management is handled by provincial bodies, such as the Ontario Review Board or the BC Review Board.
Step 1: Raising the Issue of Mental Capacity
The NCR defence is usually raised by the accused’s lawyer, but the Crown prosecutor or even the judge can raise it if the evidence of severe mental illness is overwhelming. 🗣 This typically happens early in the court proceedings, long before the actual trial begins. The goal is to alert the court that the mental state of the accused will be the central issue, rather than the facts of the crime itself.
Step 2: The Mandatory Psychiatric Assessment
Once NCR is raised, the judge will order a formal psychiatric assessment. The accused is usually sent to a secure forensic psychiatric hospital (such as CAMH in Toronto or the Southern Alberta Forensic Psychiatry Centre in Calgary) for up to 60 days. Expert psychiatrists will evaluate the accused, review their medical history, and write a detailed report for the court detailing their mental state at the time of the offence.
Step 3: The Trial and the NCR Verdict
During the trial at the Superior Court or Court of King’s Bench, the Crown will still present evidence to prove the accused committed the physical act. 📑 The defence lawyer will then present the medical experts to testify about the mental disorder. The burden of proof for an NCR defence is on a “balance of probabilities.” If successful, the judge or jury will render the specific verdict: Not Criminally Responsible on account of mental disorder.
Step 4: Transfer to the Provincial Review Board
Following the verdict, the accused is not released. They are placed under the control of the provincial Review Board. The Board conducts a hearing within 45 days and decides whether the individual should be detained in a secure psychiatric hospital or released into the community with strict conditions. The Board’s only mandate is to protect public safety while treating the individual.
How Much Does an NCR Defence Cost?
Mounting an NCR defence is incredibly costly because it relies heavily on top-tier medical experts rather than just legal arguments. 💵 Legal Aid may cover this for low-income Canadians, but private retainers are substantial.
- Criminal Defence Lawyer: Typically $15,000 to $50,000+ CAD for trial preparation and Review Board hearings.
- Private Forensic Psychiatrist: $5,000 to $15,000 CAD to conduct an independent assessment and testify in court.
- Medical Record Retrieval: $500 to $2,000 CAD to gather years of historical mental health documentation.
| Expense Type | Average Cost (CAD) | Who Pays? |
|---|---|---|
| Private Law Firm Retainer | $30,000 average | The Accused / Family |
| Independent Medical Expert | $10,000 average | The Accused / Family |
| Court-Ordered Assessment | $0 | Provincial Government |
How Long Does the Process Take?
Reaching an NCR verdict at trial can take 12 to 24 months from the date of arrest. Once under the Review Board’s jurisdiction, the individual’s file is reviewed every 12 months. An individual can remain detained in a psychiatric hospital for years, decades, or even for life, depending on whether the Board believes they still pose a significant threat to public safety.
Frequently Asked Questions (FAQ)
Can I use NCR if I was extremely drunk or high?
Generally, no. Section 16 of the Criminal Code applies strictly to diseases of the mind. Voluntary intoxication by drugs or alcohol is not considered a mental disorder for the purposes of an NCR defence, though extreme intoxication may be argued under different, highly restricted legal avenues.
Is an NCR verdict considered a criminal conviction?
No. Because the court finds that you lacked the moral capacity to commit the crime, you are not convicted. However, the NCR finding is recorded on your RCMP CPIC background check and will absolutely appear on vulnerable sector screens.
Does an NCR verdict mean a shorter sentence?
Not necessarily. While a standard prison sentence has a fixed end date, an NCR detention does not. You will remain under the control of the Review Board indefinitely until they determine you are no longer a significant threat to the public.
What is an Absolute Discharge under NCR?
If the Review Board determines that the individual has been successfully treated and no longer poses a significant threat to public safety, they must grant an Absolute Discharge. Once granted, the individual is completely free from the justice system.
Leave a Reply