McLachlin J.
I. Introduction
McLachlin J. --
II. Facts
III. Judgments Below
IV. Issues
1. Does s. 672.54 of the Criminal Code , R.S.C., 1985, c. C-46 , infringe the rights and freedoms guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms on the ground that it discriminates against people with a mental disorder or mental disability?
2. Does s. 672.54 of the Criminal Code , R.S.C., 1985, c. C-46 , infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms on the ground that it deprives persons found not criminally responsible on account of mental disorder of their right to liberty and security of the person contrary to the principles of fundamental justice?
3. If the answer to Question 1 or 2 is “yes”, is the infringement demonstrably justified in a free and democratic society as a reasonable limit pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?
V. Analysis
VI. Conclusion
1. Does s. 672.54 of the Criminal Code , R.S.C., 1985, c. C-46 , infringe the rights and freedoms guaranteed by s. 15(1) of the Canadian Charter of Rights and Freedoms on the ground that it discriminates against people with a mental disorder or mental disability?
No.
2. Does s. 672.54 of the Criminal Code , R.S.C., 1985, c. C-46 , infringe the rights and freedoms guaranteed by s. 7 of the Canadian Charter of Rights and Freedoms on the ground that it deprives persons found not criminally responsible on account of mental disorder of their right to liberty and security of the person contrary to the principles of fundamental justice?
No.
3. If the answer to Question 1 or 2 is “yes”, is the infringement demonstrably justified in a free and democratic society as a reasonable limit pursuant to s. 1 of the Canadian Charter of Rights and Freedoms ?
The answers to the preceding questions make it unnecessary to answer this question.
The reasons of L’Heureux-Dubé and Gonthier JJ. were delivered by
//Gonthier J.//
GONTHIER J. ‑‑
I. Introduction
Cases cited
- Winko v. British Columbia (Forensic Psychiatric Institute) 25856-1999-06-17 ¶ 1, ¶ 10
- Bese v. British Columbia (Forensic Psychiatric Institute) 25855-1999-06-17 ¶ 1, ¶ 10
- Orlowski v. British Columbia (Forensic Psychiatric Institute) 25751-1999-06-17 ¶ 1, ¶ 10
- 40 C.R. (4th) 43 40 C.R. (4th) 43 ¶ 4
- 36 O.R. (3d) 3 36 O.R. (3d) 3 ¶ 5
- of Winko of Winko, supra ¶ 7