Jump to content
Main menu
Main menu
move to sidebar
hide
Navigation
Main page
Recent changes
Random page
Help about MediaWiki
Special pages
Niidae Wiki
Search
Search
Appearance
Create account
Log in
Personal tools
Create account
Log in
Pages for logged out editors
learn more
Contributions
Talk
Editing
Insanity defense
(section)
Page
Discussion
English
Read
Edit
View history
Tools
Tools
move to sidebar
hide
Actions
Read
Edit
View history
General
What links here
Related changes
Page information
Appearance
move to sidebar
hide
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
====Criminal Code provisions==== The defence of mental disorder is codified in section 16 of the ''[[Criminal Code (Canada)|Criminal Code]]'' which states, in part: :''16. (1) No person is criminally responsible for an act committed or an [[omission (criminal law)|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.''<ref>{{cite web|title=16. Defence of mental disorder|url=http://yourlaws.ca/criminal-code-canada/16-defence-mental-disorder|url-status=dead|archive-url=https://web.archive.org/web/20151210213557/http://yourlaws.ca/criminal-code-canada/16-defence-mental-disorder|archive-date=2015-12-10|access-date=2015-12-09}}</ref> To establish a claim of mental disorder the party raising the issue must show on a [[balance of probabilities]] first that the person who committed the act was suffering from a "disease of the mind", and second, that at the time of the offence they were either 1) unable to appreciate the "nature and quality" of the act, or 2) did not know it was "wrong". The meaning of the word "wrong" was determined in the Supreme Court case of ''[[R. v. Chaulk]]'' [[Case citation#Canada|[1990] 3 S.C.R.]] which held that "wrong" was NOT restricted to "legally wrong" but to "morally wrong" as well.
Summary:
Please note that all contributions to Niidae Wiki may be edited, altered, or removed by other contributors. If you do not want your writing to be edited mercilessly, then do not submit it here.
You are also promising us that you wrote this yourself, or copied it from a public domain or similar free resource (see
Encyclopedia:Copyrights
for details).
Do not submit copyrighted work without permission!
Cancel
Editing help
(opens in new window)
Search
Search
Editing
Insanity defense
(section)
Add topic