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The Effects Of Inadequate Mental Health Resources On The Operation Of The Mental Disorder Provisions, Giuseppa Bentivegna
The Effects Of Inadequate Mental Health Resources On The Operation Of The Mental Disorder Provisions, Giuseppa Bentivegna
LLM Theses
In this thesis, I focus on whether adequate mental health resources exist and are available to a category of persons in the forensic mental health system--those found not criminally responsible on account of mental disorder of an offence under the mental disorder provisions, Part XX.1, of the 'Criminal Code '. I argue that adequate mental health services which address the needs of accused persons are necessary for the proper functioning of the mental disorder provisions of the 'Code'. I argue that these provisions were designed to foster the release and re-integration into society of persons within this system as quickly …
The Supreme Court Of Canada, Parliament And The Charter: Exploring The Limits Of The Judicial Function In Criminal Law, Patricia A. Fricker
The Supreme Court Of Canada, Parliament And The Charter: Exploring The Limits Of The Judicial Function In Criminal Law, Patricia A. Fricker
LLM Theses
Two constitutional principles--constitutional supremacy and parliamentary supremacy--should not be treated as antagonistic. The task for the Supreme Court of Canada since its elevation as constitutional arbiter has been to find the balance between these two constitutional doctrines. It must do so within the limits prescribed by the judicial function. What are those limits in the context of criminal law? The definitional elements of the offence; the political and legal theory of classical liberalism; the Charter's constitutional, as opposed to statutory, character; the primacy of either crime control or due process values in judicial decision-making; the fluctuating balance in the criminal …