What Does Not Criminally Responsible Mean?

In Ontario and Canada, there is an understanding law that a crime can be committed without the perpetrator having the capacity to understand the impact or nature of the actions. When an individual is unable to comprehend this, they may be found Not Criminally Responsible or NCR. When facing a case where you or a person you know may not be criminally responsible for a crime, it's imperative that you seek representation from an experienced, trusted, and zealous criminal defence lawyer. Robert Karrass, a trusted criminal lawyer in Toronto and throughout Ontario, and the Karrass Law team are experienced at successfully fighting for justice and getting NCR verdicts. To learn more about how our legal team can support you or a loved one, book a legal consultation with our experts. 

Here is what you should understand about the nuances of the Not Criminally Responsible defence.

Understanding the Concept of Not Criminally Responsible

At its core, NCR is a legal finding made when an individual commits an offence but, due to a mental disorder, is incapable of understanding their actions or determining right from wrong. In Ontario, as in all of Canada, this falls under Section 16 of the Criminal Code, which states:
"No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong."

In this case, it's not a question of whether the crime or offence was committed. Instead, the criminal defence lawyer will argue that the individual accused cannot be held criminally accountable due to their mental state at the time. Proving that someone is not criminally responsible requires a robust and comprehensive strategy, as it must be proved through thorough evidence and legal strategy. 

What to Expect with an NCR Defence

When a criminal lawyer raises an NCR defence, the court will assess whether their mental disorder played a critical role during the offence, which will involve the following:

• Evaluation by Mental Health Experts: Psychiatrists or psychologists conduct evaluations to determine the accused's mental state at the time of the crime. Your criminal defence lawyer will work with these professionals to provide reports to the court about the individual's capacity to understand their actions.
• Court Hearings: During the trial, both the defence and the Crown will present evidence. Your criminal defence lawyer will be responsible for providing evidence in accordance with Section 16 of the Criminal Code to demonstrate that the individual meets the NCR criteria, which includes a diagnosed mental disorder, an active impact on mental capacity at the time of the offence, and confirmation that the disorder impacted the individual's capacity to understand the crime.

Working with a leading criminal defence lawyer skilled in such cases can significantly impact the outcome. For legal advice and robust representation, book a complimentary consultation with Robert Karrass and the Karrass Law team. 

What Happens When You're Found Not Criminally Responsible in Ontario

If an individual is found NCR, they do not face traditional penalties like incarceration. Instead, their case is managed by the Ontario Review Board, which determines appropriate measures to ensure public safety and rehabilitation. This can include supervised community living, treatment in a hospital setting, or absolute discharge if the individual poses no threat.

The Ontario Review Board will assess the individual's danger to society based on their current mental state, the nature of the offence, and other expert opinions. They will also assess and consider the treatment needs of the individual and ensure that they receive the required mental health care, which can range from therapy and mediation to hospitalization. 

Eventually, if the person is no longer a risk to society or to the public, there is the possibility of discharge. To get more insight into what an NCR defence may look like for you or someone in your life, book a consultation with our experienced criminal lawyers in Toronto. 

Why Choose the Criminal Lawyers at Karrass Law for NCR Cases

The legal and medical aspects of NCR cases require a sophisticated understanding of both criminal law and mental health issues. Robert Karrass and the Karrass Law team have a proven track record of securing NCR verdicts and helping clients navigate this complex process. 

Whether it's gathering critical evidence, working with mental health experts, or representing clients in Ontario Review Board hearings, the skilled and trusted criminal lawyers in Toronto  Karrass Law offer the expertise and dedication needed to achieve the best results possible for your case.

To learn more about how our team of legal experts can support you. 

Book a Consultation Today