Date of Award
In this thesis, I focus on whether adequate mental health resources exist and are available to a category of persons in the forensic mental health system--those found not criminally responsible on account of mental disorder of an offence under the mental disorder provisions, Part XX.1, of the 'Criminal Code '. I argue that adequate mental health services which address the needs of accused persons are necessary for the proper functioning of the mental disorder provisions of the 'Code'. I argue that these provisions were designed to foster the release and re-integration into society of persons within this system as quickly as possible. My contention is that, without access to adequate mental health resources, accused persons are being arbitrarily detained longer than they would otherwise be and that this lengthier detention is contrary to section 7 of the 'Canadian Charter of Rights and Freedoms '. Furthermore, I argue that the equality rights of accused persons are affected because a lack of adequate mental health resources results in adverse effects discrimination. I question the validity of the mental disorder provisions, Part XX.1, of the 'Criminal Code'.
Giuseppa Bentivegna, The Effects of Inadequate Mental Health Resources on the Operation of the Mental Disorder Provisions (LLM Thesis, Dalhousie University, 1998) [unpublished].