2nd Session, 41st Parliament

Issue 45 - Appendix

Thursday, March 27, 2014
1:30 p.m.

The Honourable Noël A. Kinsella, Speaker

Thursday, March 27, 2014

The Standing Senate Committee on Legal and Constitutional Affairs has the honour to present its

FOURTH REPORT

Your committee, to which was referred Bill C-14, An Act to amend the Criminal Code and the National Defence Act (mental disorder), has, in obedience to the order of reference of Tuesday, February 11, 2014, examined the said Bill and now reports the same without amendment but with certain observations, which are appended to this report.

Respectfully submitted,

BOB RUNCIMAN

Chair

OBSERVATIONS to the
Fourth Report of the Standing Senate Committee on
Legal and Constitutional Affairs (Bill C-14)

During its public hearings on Bill C-14, the committee heard from the Minister of Justice and Attorney General of Canada, the Federal Ombudsman for Victims of Crime and the chair of the Review Boards of Canada. The committee also heard from family members of victims of crime, organizations representing the rights of persons suffering from mental illness and their families, forensic psychiatrists, organizations representing the rights of offenders, legal and law enforcement representatives.

One of the most serious concerns raised during the hearings came from forensic psychiatrist Dr. John Bradford and from victims Carol de Delley and Isabelle Malo, who testified that extreme acts of violence by mentally ill persons often follow repeated interaction with the health system. The warning signs are there but interventions by the health system prove ineffective. Dr. Bradford, in particular, noted the pattern of repeated admissions to the general mental health system by those who later end up in the forensic mental health system, which he referred to as ``repeated treatment failures.''

Dr. Bradford cited the case of Jeffrey Arenburg, who was brought to the Royal Ottawa Hospital after attacking the manager of an Ottawa radio station, who he believed was broadcasting the voices he was hearing in his head. Mr. Arenburg refused treatment and was subsequently released, against medical advice. He later killed Ottawa sportscaster Brian Smith, for which he was found not criminally responsible.

More work is needed to determine the cause of these significant failures, particularly the right of seriously mentally disordered individuals to refuse treatment and the interpretation given by the courts to that right. This is an approach that may have serious adverse consequences, both for the mentally disordered individual and for society at large. It is a concern that is deeply shared by the victims themselves and their families, considering that the conditions linked to the taking of medications are not consistent from province to province. It is a failure of the mental health system that must be addressed in order to protect public safety and address the needs of mentally ill patients.

The committee also takes particular note of the recommendations made by the Federal Ombudsman for Victims of Crime concerning enhanced information sharing with victims.

In addition to the public hearings held in Ottawa, the committee believed that it would be useful for members to have the opportunity to visit the Brockville Mental Health Centre in Brockville, Ontario because it is a specialized mental health facility. Committee members toured the facility's Forensic Treatment Unit, which provides secure assessment and treatment, active forensic rehabilitation, and transition care for community reintegration. The committee also visited the Secure Treatment Unit, the only hybrid corrections and mental health centre in Canada. Teams at the Secure Treatment Unit provide specialized assessment and treatment in the areas of sex offending, dysfunctional anger, trauma disorders and a range of psychosocial rehabilitation modules that address individual resident needs.

The committee met with various key administrators of the facility as well as with key front-line personnel.