Some new legislation surrounding people found “not criminally responsible” (NCR) for their actions, including murder and other serious crimes, is moving forward in Parliament.
Allan Schoenborn, a man found guilty of first-degree murder, but not criminally responsible for killing his three children in Merritt five years ago, is a close-to-home example of this ruling.
After pleading not guilty to the charges, despite his acknowledgement of slaying his young daughter and two sons in April 2008, his lawyer successfully argued Schoenborn was insane and, therefore, NCR.
Kamloops-Thompson-Cariboo MP Cathy McLeod says the Not Criminally Responsible Reform Act addresses concerns raised by victims of crime with respect to accused persons found NCR on account of mental disorder.
"There have been a few, and thankfully rare, cases that have been very horrific in nature. And, certainly in our riding, the Schoenborn [case] was one that deeply impacted many.
"So, this is making some fairly minor changes but creating a designation of 'not criminally responsible, but high risk'. And with that designation, a little bit more robustness around things like escorted [prison] leave, and items like notification of family members and victims."
The bill also creates some additional safeguards by having to go back to the court system, she says, adding it presents a few more checks and balances in the difficult challenges in dealing with potentially dangerous people with mental illnesses.
The legislation is a key part of the federal government's plan for safe streets and communities, and has three main components.
If the act passes, the Enhancing Victims' Involvement laws will increase both the safety of victims and their involvement in the Criminal Code mental disorder regime.
This will help ensure that victims (who request it) are notified when a person found NCR is discharged, and allow non-communications orders between the accused and the victim.
The legislation for Putting Public Safety First will codify public and victims' safety as the paramount consideration when decisions are made about accused found NCR by the Supreme Court of Canada.
The Creating a High-Risk Designation law will protect the public by ensuring high-risk NCR accused are held in custody (with no review board consideration for release) until their designation is revoked by a court.
Certain high-risk NCR accused may have their review periods extended up to three years and would not be entitled to unescorted passes, except in extraordinary circumstances.
For more information, visit the website at www.canada.justice.gc.ca.
McLeod says the legislation helps allow for "a bit more process" around people with high-risk designations, such as when NCR accused are let out on the streets.
"If someone is allowed out on an escorted day pass, I think the victims have certain rights to know that is happening."