For the student wishing to practice criminal law, it is inevitable that they will encounter individuals with mental health issues. Studies
consistently show that at least 1 in 5 of all Canadians will be affected by a mental illness, either personally or through a close family member. The percentage of individuals with mental health issues increases when one looks at those charged with criminal offences and those in the correctional system. Accused persons with mental health issues raise difficult and complex issues for the criminal law practitioner, whether you are a prosecutor, duty counsel, defence counsel or a judge.
This seminar will develop students’ knowledge of forensic mental health issues throughout the criminal justice system. The course will examine the various legal issues that arise when an accused person living with mental illness comes into contact with the criminal justice system. Students will become familiar with Part XX.1 of the Criminal Code (Mental Disorder) and related sections, as well as the intersection between the Criminal Code and administrative law. The seminar will also afford students an opportunity to reflect critically on the various social, legal and ethical issues that arise as an individual with mental health issues goes through the criminal justice system, including the use of measures to divert persons away from or out of the criminal justice system.
The class will include lectures, guest speakers and class discussion. Students will also see how these statutory provisions arise in practice through a field trip (conditions permitting) to a specialized Mental Health Court or the Ontario Review Board.
Method of Evaluation: Participation (class attendance and participation in class discussion) - 20%, Final Research Paper (7000 - 7500 words excluding footnotes, bibliography and appendices is eligible for Upper Year Research and Writing Requirement (UYRWR)) - 80%.