persons who consent to NCRMD
verdicts be fit to stand trial.
Under the Sex Offender Information Registration Act (SOIRA), anyone in Canada who is convicted, or found NCRMD
, of a designated offence is eligible to be placed on the NSOR.
Winko claimed that the indefinite nature of hospital detention for NCRMD accused constituted discriminatory treatment of persons with a mental disability, contrary to section 15(1) of the Charter.
There is no presumption of dangerousness, and the NCRMD accused does not have the burden of proving he or she does not pose a significant threat.
(33) Thus, the Review Board has the duty to seek out enough evidence (both for and against restricting the liberty of the NCRMD accused) to make the best disposition.
In contrast, the Canadian Association of Chiefs of Police proposed that NCRMD accused should also be denied the right to refuse treatment.
It reminded the legislators that NCRMD accused and persons found unfit have not been found guilty of an offence.
The study found that the average length of hospitalization for the NCRMD group was about 9.8 months which is "substantially shorter than the duration of the initial hospitalization" for the NGRI group which was about 49.9 months on average.
Of the 276 individuals, who were identified as having been found NCRMD in B.C., 85.5 per cent were men while 14.5 per cent were women with the average age for all members of the group being 36 years and overall ages ranging from 16 to 81 years.
In addition, 80 per cent of the NCRMD group was white while 9.1 per cent were aboriginal and the rest were of East Indian, Asian and African heritage.
Further, 51.8 per cent on the NCRMD group had been admitted to a general psychiatric facility on four or more occasions.
It should not matter where those potentially less restrictive means are found--in particular, that they may be found in the jurisdiction of the Review Board over those found NCRMD
(the Review Board must determine that offenders determined to be NCRMD
no longer pose a risk to the public before they can be released).