PSYCH257 Lecture Notes - Borden Ladner Gervais, Lists Of Landmark Court Decisions, Penetanguishene
30 Mar 2013
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Forensic system governed by part xx. 1 of the criminal code. Governs persons found not criminally responsible for a crime. Supreme court of canada"s decision in winko: landmark decision on the constitutionality of part xx. 1 of the criminal. Hearing must be held within 45 days. Composition of the orb: two legal members, one psychiatrist and psychologist member, member of the public. Parties at the hearing: crown, accused (legal aide, amicus, the person in charge (ie. the hospital) Treating psychiatrist testifies about the accused"s mental condition, treatment of the accused, and about risk. Board members may ask questions: inquisitorial system. 2 is removed by the injunction that the court or review board shall make the order that is the least onerous and least restrictive to the accused, consistent with the evidence. Liberty of the accused can be restricted on grounds of public safety. If there is no risk to public safety, state cannot detain an accused person.
