Over the years, we have all heard about criminal cases and court decisions that involve an accused found “not criminally responsible” because of a mental disorder. Sometimes, we have great difficulty accepting those decisions and cannot understand how the accused is not considered to pose a risk to the public, in view of the extremely violent acts committed.
Our Conservative party campaigned on a policy we developed to ensure that Canadian laws are strong and clear enough to protect Canadians.
This month, we introduced Bill C-54, an act to amend the Criminal Code and the National Defence Act (mental disorder).
As the law stands now, violent individuals found not criminally responsible for their actions are released when a provincial review board — not a court — determines that they are no longer a “significant threat” to public safety. Bill C-54 will create a new designation to protect the public from high-risk Not Criminally Responsible (NCR) accused. Once designated by a court as “high-risk,” an NCR accused must be held in custody and cannot be considered for release by a review board until their designation is revoked by a court.
Bill C-54 makes paramount the policy of public safety. Our government is spelling-it-out for the courts that public safety is the No. 1 priority when it comes to making any decisions relating to accused people found to be NCR.
The legislation will enhance the safety of victims by ensuring that they are specifically considered when decisions are being made about accused persons found NCR.
Bill C-54 ensures that victims are notified when an NCR accused is discharged. We will allow “non-communications” orders between an NCR accused and the victim.
“We are giving the courts the powers they need to keep those deemed too dangerous to release where they should be — in custody,” Prime Minister Stephen Harper said.
When passed into law, the proposed bill will apply to accused already in custody — including those in mental institutions.
Our government will be able to protect Canadians from, for example; Vince Li, who “snapped” and then beheaded Tim McLean, an innocent passenger on a bus in Manitoba in 2008; and Alan Schoenborn, who killed his three children in Merritt, B.C., also in 2008.
As the Crowfoot member of Parliament over the years, many constituents have contacted me, asking that something be done about those who commit violent criminal acts and then seem to be held unaccountable as they are released back into society. Bill C-54 is responding to those requests.
Since its introduction last week, the media are reporting that the NDP is giving serious consideration to supporting the bill. They so far seem willing to have it pass second reading so that it can be studied and have hearings at the committee stage. That is encouraging news. The sooner we can pass Bill C-54 into law, the better. It will definitely prevent some future acts of violence and the creation of future victims.
Kevin Sorenson is the MP for the Crowfoot riding.