Conservatives Reintroduce the Not Criminally Responsible Act

This article was last updated on April 16, 2022

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The Canadian government has once again reintroduced the bill aimed at making it a challenging pursuit for persons found not criminally responsible to obtain freedom, ultimately granting more rights to victims of such crime. The Not Criminally Responsible Reform Act, i.e. Bill C-14, was presented again in Parliament yesterday, which was practically the duplicate of a previous bill introduced in February but died on the order paper when Parliament was prorogued.

The newly proposed legislation majorly vows to create a new designation, i.e. a ‘high-risk accused.’ It says that any culprit charged with a crime can be found not criminally responsible (NCR) if they do not appreciate the nature and quality of their act or do not know it is wrong. Now Bill C-14 narrates that anyone found not criminally responsible can also be found a high-risk accused in light of an application filed in the court by the prosecutor. For that case, the crime must at least involve a serious personal injury offence and the accused must be at least more than 18 years of age at the time of offence.

On the other hand, court will have the authority to find an accused high-risk offender if it learns that there is a considerable chance of the accused using violence again in the future that could ultimately endanger the life or safety of another person. Moreover, the accused can also be found high-risk offender if the court considers their offence of brutal nature that indicates risk of grave physical or psychological harm to another person.

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