“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”
He was a student and Captain of Mount Royal University’s hockey team – but that changed on January 13, 2018, after taking a large dose of magic mushrooms.
Shortly after ingesting 4 grams of mushrooms at a house party, Matthew Brown took off all of his clothing and disappeared into the freezing night. Eventually, he came upon the home of a Mount Royal University professor that he had never met before. He broke into her home and beat her with a broken broom handle, leaving her with severe injuries. After leaving her residence, he broke into another home where he was eventually apprehended by the police.
On March 2, 2020, he was acquitted after mounting a successful defence of “non-insane automatism” resulting from severe self-intoxication.
Mr. Brown was acquitted and walked out of court a free man. His actions were found to be involuntary – but not by reason of mental disorder. His defence of non-insane automatism resulting from severe self-intoxication was only available after a pre-trial ruling in which a judge found that Section 33.1 of the Criminal Code, prohibiting self-intoxication as a defence, was unconstitutional.
Non-insane automatism and insane automatism both involve an Accused person that was unaware of the consequences of their actions at the time of the offence, and therefore could not form intent required to prosecute the offence.
In Mr. Brown’s case, his automatism ended when the effects of the drugs wore off, and he was left with no memory of the event. Since his actions were not attributed to a disease that would have recurring symptoms, a Not Criminally Responsible according to Mental Disorder (NCRMD) finding would have been inappropriate.
A finding of NCRMD relates to automatism as a consequence of a mental disorder. Unlike automatism resulting from intoxication, it does not result in an acquittal. NCRMD is most commonly seen in cases where an Accused suffers from severe mental illness, such as schizophrenia. Across Canada, the number of Accused deemed NCRMD is small, however, media attention on these particular cases often results in public outrage.
After a judge has determined that an Accused is NCRMD, the case is usually handed over to theReview Board(governed byProvince/Territory) where there are three possible outcomes:
Detention in a hospital
While most cases do end up under the authority of the Review Board, the Court of hearing has the discretion to proceed to disposition if it feels appropriate in the circumstances. If the Court orders an Absolute Discharge (the only available option when the Accused has been found not to pose a significant risk to the public), the matter is concluded. If the Court orders a conditional discharge, or detention in a hospital, the Review Board must review the matter again with 90 days. In any circumstance, the Court or Review Board must impose whichever sentence is the least onerous and least restrictive on the Accused, all while balancing protection of the public and the interests, liberty and dignity of the Accused. There have beensuccess stories,(which may again cause unnecessary alarm to the public) that demonstrate how effective rehabilitation of mentally ill offenders is far from hopeless. It is also important to note that thestatistics surrounding NCRMD casesshow that the prevalence of an NCRMD finding in relation to violent offences are low.
The Vancouver Police Department announced that it will be using a new form of intelligence to stop crime before it happens.
No, it isn’t the formation of the Psychic Task Force. It isn’t any sort of “Big Brother” surveillance method (I think) – rather, the VPD has declared it will be the first law enforcement agency in Canada to utilize a “crime prediction model” that will tip officers off to property-crime offences before they happen.
Unsurprisingly, the public has been given very little information about what this new tool is able to do. So far, all we have been told is that it is a computerized program that was apparently very successful in its 6 month pilot project.
The program identifies both residential and commercial areas that display a high-likelihood for property crime. Surveillance areas are set up within a 100-500 meter perimeter, and officers are then dispatched to those areas for visible public presence.
The presence of police, of course, acts as a deterrent for thieves and vandals.
Interestingly enough, this comes as a further development to the 2015 crime mapping tool developed by the VPD. This interactive map is available to the public, for use by anyone interested in learning more about which areas in Vancouver are deemed higher risk. While many people attribute
While this may seem like a weak method of combatting serious and ongoing theft and vandalism, preventative measures are only deemed necessary once an issue has spiralled out of control.
Charges that police hope to see a reduction in as a result of this new preventative measure:
Break and Enter
Break and Enter to commit an Indictable offence
Theft under $5,000
Theft over $5,000
Possession of stolen property
It isn’t unusual to see “petty” crimes, such as minor theft, escalate into more serious situations that can include violent offences as well – for example, a man breaks into a vehicle looking for valuables, but the owner of the vehicle happens to come down to his car as the crime is in progress. An altercation ensues, police attend, and the charges include break & enter, theft, AND assault. By preventing the theft, the entire situation could have been avoided.
Ideally, this tool will aid police in preventing some crimes from happening, but realistically, crimes will still occur in the areas that aren’t padded by police presence.
We are conveniently located in Richmond, B.C. only a few steps away from Brighouse Station on the Canada Line, which brings you from various locations in Metro Vancouver in 20 minutes. We service all areas of the lower mainland (including but not limited to Surrey, New Westminster, Port Coquitlam, North Vancouver, and Abbotsford) the interior of B.C. (including but not limited to Cranbrook, Kelowna, Kamloops, and Salmon Arm), Northern B.C. (including but not limited to Prince George, Prince Rupert, and Quesnel) and in the Yukon Territory where we offer services in Whitehorse, Dawson City, and Old Crow. Contact our office today for your initial consultation.
The scales of justice weighed in favour of an Accused woman earlier this week, when the Ontario Superior Court upheld her acquittal of impaired driving related charges in Ontario.
Kimberly McLachlan was acquitted of impaired driving in August 2015 after she succeeded in having evidence inadmissible at Trial – her breathalyzer readings, to be specific. This is known as a Charter application, as it seeks to have evidence excluded based on a breach of a Charter protected right.
Her application was based on the fact that when she taken to the police detachment, where she was required to provide a breathalyzer sample, the arresting officers’ had her stand on a scale so that they could have an accurate record of her weight.
Unfortunately, their attempt to be thorough actually triggered a breach of Ms. McLachlan’s section 8 under the Charter – providing protection against unreasonable search and seizure.
It is not part of standard procedure that the police would weigh a person who has been arrested on suspicion of impaired driving. The Judge confirmed that weighing a person is a violation similar in nature to taking bodily fluids (such as a urine or blood) without a warrant.
It is nuances like this – something seemingly harmless – that will catch the attention of a skilled criminal lawyer. Circumstances like these demonstrate the necessity of hiring a criminal lawyer who is familiar with Charter protected rights.
Impaired driving is a particularly complex offence, with a variety of available defences that must be reviewed in tandem with your unique circumstances. Contact our office today for a consultation that will allow us to come familiar with your situation.
A vigilante group based out of Surrey, B.C., has been making headlines lately for their efforts in identifying and publicizing child predators to the media via video. It’s a spin-off of Dateline’s “To Catch a Predator”.
The videos, which are publicly posted to the group’s Facebook and Youtube accounts, display the real-time encounters had between members of the group and the individual that they have led there with false promises of sexual relations with an underage person, after chatting online about it.
The encounters are brief, lasting only a few minutes at most. The exchange between the two parties consists of accusations from one side, and flat out denials from the other. The subject of the Creep Catcher’s “investigation” attempts to shield his face before turning and running in the other direction, continually denying the allegations. What happens beyond that point is unknown.
From what I’ve seen, the public seems to be pleased with the endeavors of Creep Catchers. The videos certainly provide shock value – generally, the public does not play a role in, or even have the opportunity to witness the apprehension of a suspected pedophile – and for good reason.
The investigations that are conducted with respect to these offences are complex, calculated and require significant resources and manpower. The Integrated Child Exploitation Unit of the RCMP works with Interpol and police agencies around the world to gather, sort, and analyze information that advances their efforts in identifying, charging, and convicting individuals of child-related offences such as the Possession and Distribution of Child Pornography.
There are tactical strategies that require a high degree of skill and experience to be carried out effectively. The process of gathering evidence before an arrest and charge approval is paramount to the success of the investigation – in cases like these, proper identification of the suspect can take a significant amount of time. And this is where the work done by the RCMP and the work done by Creep Catchers become astoundingly diverse. Creep Catchers does not have the resources, funding, experience or skill to be meddling in these matters. There are several risks that come to mind:
1) Meeting these individuals in a public place, at a busy time of day, poses a serious risk to innocent bystanders in the area. Creep Catchers does not know if the individuals they are liaising with are violent or mentally ill. Innocent people could be caught in the cross-hairs of an encounter that quickly gets out of hand;
2) The police may already be conducting an investigation on an individual who has been sought out by Creep Catchers. This could lead to that entire investigation collapsing;
3) The very real possibility that they may wrongfully accuse someone of these crimes. The repercussions of being wrongfully blamed could be permanent. It is extremely difficult to exonerate someone on such allegations.
While their intentions may be good, the ends do not justify the means. This work is best left to the police.
Accessing, distributing, and making child pornography available are some of the most serious offences in the Criminal Code. There are new mandatory minimum jail sentences for these offences, details of which can be found here. Aside from a custodial sentence, someone convicted of one of these offences will almost definitely be required to register as a sex offender, which comes with lifelong consequences.
Our offices frequently handle cases with similar allegations. If you have been charged with one of these offences, contact our office to retain a criminal lawyer who can assist in navigating you through the criminal justice system with your best interests in mind.