The Impact of Canadian Criminal Code Changes on Remands and Assessments of Fitness to Stand Trial and Criminal Responsibility in British Columbia

1997 ◽  
Vol 42 (5) ◽  
pp. 509-514 ◽  
Author(s):  
Ronald Roesch ◽  
James RP Ogloff ◽  
Stephen D Hart ◽  
Rebecca J Dempster ◽  
Patricia A Zapf ◽  
...  
Keyword(s):  
British Columbia ◽  
Criminal Responsibility ◽  
Average Length ◽  
Criminal Code ◽  
Fiscal Year ◽  
Future Research ◽  
Fitness To Stand Trial ◽  
Not Criminally Responsible ◽  
C 30 ◽  
The Impact

Objective: To evaluate the impact in British Columbia of the 1992 Criminal Code of Canada amendments dealing with remands for fitness to stand trial and not criminally responsible on account of mental disorder (NCRMD) assessments. Method: Information on 620 remands for evaluation of fitness to stand trial and/or NCRMD were collected from a sample obtained in British Columbia from 1992 to 1994. The data collected included length of remand order, length of evaluation, criminal charges, psychiatric diagnoses, and the decisions about fitness or NCRMD. Results: Remands increased by about 20% in a 1993–1994 fiscal year compared with the previous year. The majority of evaluations continue to be conducted in an inpatient facility. The goal of a 5-day evaluation period is rarely met: only 12.5% of inpatients were released within 5 days of admission, and the average length of evaluation was about 3 weeks. The use and success of the NCRMD defence appears to be on the rise. In addition, there were some striking differences in remands from metropolitan and nonmetropolitan areas in terms of rates of referral and recommendations of unfitness or NCRMD. Conclusion: Results indicated that Bill C-30 has not yet had the anticipated impact on remands as inpatient evaluations continue to be the norm and evaluations typically take several weeks. Suggestions for policy reform and future research are presented.

scholarly journals A Follow-up Study of Persons Found Not Criminally Responsible on Account of Mental Disorder in British Columbia

2003 ◽  
Vol 48 (6) ◽  
pp. 408-415 ◽  
Author(s):  
James D Livingston ◽  
Derek Wilson ◽  
George Tien ◽  
Lynda Bond
Keyword(s):  
British Columbia ◽  
Mental Disorder ◽  
Criminal Code ◽  
Attractive Option ◽  
Not Criminally Responsible ◽  
Forensic Psychiatric ◽  
C 30 ◽  
Discharge From Hospital ◽  
Number Of Individuals

Objective: To describe the characteristics of individuals found not criminally responsible on account of mental disorder (NCRMD) after the 1992 Criminal Code amendments and to track their movement through the forensic system, as well as to unveil the changes to British Columbia's forensic psychiatric system that resulted from Bill C-30. Method: Profile information relating to persons found NCRMD between February 4, 1992, and February 4, 1998, in British Columbia was collected and analyzed. Community follow-up data was collected and analyzed for a 24-month period following a subject's discharge from hospital. Results: A substantially greater number of individuals entered the forensic psychiatric system in British Columbia after Bill C-30 was implemented. The post-1992 forensic psychiatric population contained fewer persons charged with serious index offences and a greater number of persons charged with relatively minor offences. The length of hospitalization for the NCRMD cohort decreased substantially after the 1992 Criminal Code amendments. Conclusion: The Bill C-30 provisions have made the NCRMD defence an attractive option for defendants and legal counsel.

Fitness to Stand Trial: Characteristics of Remands since the 1992 Criminal Code Amendments

1998 ◽  
Vol 43 (3) ◽  
pp. 287-293 ◽  
Author(s):  
Patricia A Zapf ◽  
Ronald Roesch
Keyword(s):  
Alcohol Use ◽  
Alcohol Use Disorder ◽  
Average Length ◽  
Criminal Code ◽  
Psychotropic Medications ◽  
Living Alone ◽  
Evaluation Period ◽  
Fitness To Stand Trial ◽  
Code Changes ◽  
The Impact

Objective: To examine the characteristics of a sample of remands after the introduction of the 1992 Criminal Code amendments, to compare those deemed fit with those deemed unfit as the result of an institution-based evaluation of fitness, and to determine the impact of the Code changes on one's detention period by investigating the length of time that individuals were held on remand. Method: File information was collected and analyzed for 180 males who were remanded for inpatient evaluations of their fitness to stand trial between October 1994 and July 1995. Results: The results indicated that remanded defendants are more likely to be single, unemployed, and living alone and that unfit defendants are significantly more likely to have never been married. As well, individuals who were found to be unfit to stand trial were significantly less likely to have been diagnosed with a drug- or alcohol-use disorder and were 4 times more likely to have been diagnosed with a psychotic disorder. The results also indicated that while the 1992 Criminal Code revisions called for a 5-day evaluation period, it appears that this is rarely accomplished, and, in fact, the average length of time for an assessment of fitness is 23 days. Finally, the majority of remanded individuals are certified and treated with psychotropic medications while on remand. Conclusion: The results of this study suggest that the fitness remand period is being used for purposes other than assessing fitness.

scholarly journals The impact of thermal pasteurization on viral load and detectable live viruses in human milk and other matrices: a rapid review

2021 ◽  
Vol 46 (1) ◽  
pp. 10-26 ◽  
Author(s):  
Michael A. Pitino ◽  
Deborah L. O’Connor ◽  
Allison J. McGeer ◽  
Sharon Unger
Keyword(s):  
Viral Load ◽  
Human Milk ◽  
Limit Of Detection ◽  
Culture Media ◽  
Rapid Review ◽  
Future Research ◽  
Live Virus ◽  
C 30 ◽  
The Impact ◽  
Thermal Pasteurization

Holder pasteurization (62.5 °C, 30 min) of human milk is thought to reduce the risk of transmitting viruses to an infant. Some viruses may be secreted into milk – others may be contaminants. The effect of thermal pasteurization on viruses in human milk has yet to be rigorously reviewed. The objective of this study is to characterize the effect of common pasteurization techniques on viruses in human milk and non-human milk matrices. Databases (MEDLINE, Embase, Web of Science) were searched from inception to April 20th, 2020, for primary research articles assessing the impact of pasteurization on viral load or detection of live virus. Reviews were excluded, as were studies lacking quantitative measurements or those assessing pasteurization as a component of a larger process. Overall, of 65 131 reports identified, 109 studies were included. Pasteurization of human milk at a minimum temperature of 56−60 °C is effective at reducing detectable live virus. In cell culture media or plasma, coronaviruses (e.g., SARS-CoV, SARS-CoV-2, MERS-CoV) are highly susceptible to heating at ≥56 °C. Although pasteurization parameters and matrices reported vary, all viruses studied, except parvoviruses, were susceptible to thermal killing. Future research important for the study of novel viruses should standardize pasteurization protocols and should test inactivation in human milk. Novelty In all matrices, including human milk, pasteurization at 62.5 °C was generally sufficient to reduce surviving viral load by several logs or to below the limit of detection. Holder pasteurization (62.5 °C, 30 min) of human milk should be sufficient to inactivate nonheat resistant viruses, including coronaviruses, if present.

Fitness, Responsibility, and Judicially Ordered Assessments

1998 ◽  
Vol 43 (5) ◽  
pp. 491-495 ◽  
Author(s):  
Maurice M Ohayon ◽  
Anne Crocker ◽  
Bernard St-Onge ◽  
M Caulet
Keyword(s):  
Mental Disorders ◽  
Psychiatric Hospital ◽  
Psychotic Disorders ◽  
Criminal Responsibility ◽  
Spectrum Disorder ◽  
Fitness To Stand Trial ◽  
Not Criminally Responsible ◽  
Forensic Psychiatric ◽  
Good Agreement

Objective: To compare the characteristics of individuals assessed for fitness to stand trial (FST) with those assessed for criminal responsibility (CR). Method: This study examines all the consecutive requests of FST or CR addressed to the only forensic psychiatric hospital in the province of Quebec and 2 prisons in the Montreal area over a 1-year period. Results: In all, 170 FST, 52 CR, and 29 both FST and CR assessment requests were received (251 subjects). Psychiatrists' recommendations and court verdicts of unfitness to stand trial or not criminally responsible on account of mental disorders were mostly related to the presence of a psychotic-spectrum disorder. There is generally a good agreement between psychiatric recommendations and verdicts of the court, with the exception of unfitness recommendations. Conclusions: Defendants referred for a FST or a CR assessment displayed similar characteristics. However, although subjects with psychotic disorders represented more than one-half of the unfit or not criminally responsible verdicts, most of the subjects with psychoses were found competent to stand trial or responsible.

Fitness to stand trial and criminal responsibility assessments: Advocating for changes to the Canadian criminal code.

2019 ◽  
Vol 60 (3) ◽  
pp. 148-154
Author(s):  
Ronald Roesch ◽  
Joanna Hessen Kayfitz ◽  
Margo C. Watt ◽  
Barry S. Cooper ◽  
Laura S. Guy ◽  
...  
Keyword(s):  
Criminal Responsibility ◽  
Criminal Code ◽  
Fitness To Stand Trial ◽  
Canadian Criminal Code

Changes to the Criminal Code Provisions for Mentally Disordered Offenders and their Implications for Canadian Psychiatry

1993 ◽  
Vol 38 (2) ◽  
pp. 122-126 ◽  
Author(s):  
Simon Davis
Keyword(s):  
Civil Rights ◽  
Criminal Code ◽  
Assessment Process ◽  
Mentally Disordered Offenders ◽  
Mentally Disordered ◽  
Procedural Law ◽  
Not Criminally Responsible ◽  
Forensic Psychiatric ◽  
C 30 ◽  
Code Provisions

Bill C-30, implemented in February 1992, made a number of significant changes to the Criminal Code provisions concerning the assessment, treatment and disposition of mentally disordered persons charged with a crime, including persons considered to be unfit to stand trial or pleading insanity. The changes deal mainly with procedural law and the civil rights of persons being assessed or held in custody, and put limits on where, how long and for what purpose persons may be detained. The new law abolishes the automatic, indeterminate detention of persons found unfit to stand trial or not criminally responsible on account of mental disorder. The changes may mean that the forensic psychiatric route is now a more “attractive option” for defendants. The new law may create administrative problems for clinicians by leading to increased requests for psychiatric assessments while at the same time constraining the assessment process.

scholarly journals SISTEM PIDANA DAN PEMIDANAAN DI DALAM PEMBAHARUAN HUKUM PIDANA INDONESIA

2017 ◽  
Vol 3 (1) ◽  
pp. 14
Author(s):  
Failin Alin
Keyword(s):  
Criminal Law ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
Criminal Sanction ◽  
Criminal Offense ◽  
Penal Law ◽  
The Many ◽  
The Individual ◽  
The Impact ◽  
Integral Policy

Renewal of criminal law in the context of improving the punishment system is still continuing. Of the many things to be updated, one important thing in the penal system is also crucial provided in the reform of Indonesian criminal law is the structural punishment system. This is something that should be included in the concept of reform of criminal law. Barda Nawawi termed as an integral policy in the handling crime to mention the importance of structural punishment system, which also means integral policy in the punishment system. The problems that arise are how the criminal system and punishment in the current Penal Code and  the Criminal System and Penalties in the New Criminal Code Concept as Part of the Renewal of Indonesian Penal Law. While the research method The type of research conducted is legal juridical Normative research that is about what the concept of punishment system in the renewal of criminal law in Indonesia that is by collecting data normatively and what is in the Act related to criminal law. In this paper we discussed it can be simply described, so far in the criminal system in Indonesia the focus of criminal offense and criminal responsibility is on the direct individuals involved in the criminal process. Where  is often the involvement of other parties besides the individual concerned who can also be held accountable as the impact of the occurrence of a crime. A concrete example, if a child commits a criminal offense, his / her "criminal" is not only granted to the child, but to his / her parents even if the criminal sanction is for example a fine of fines. This is because using the logic that the child is still the responsibility of parents, so that parents are also responsible for the actions of his son.

scholarly journals The Legal Policy of Corporation Legal Standing as Rechtpersoon at Indonesian Criminal Justice System

2018 ◽  
Vol 2 (1) ◽  
pp. 19
Author(s):  
. Maryano ◽  
. Yuhelson
Keyword(s):  
Criminal Law ◽  
Corporate Crime ◽  
Criminal Responsibility ◽  
Criminal Code ◽  
General Nature ◽  
The Political ◽  
Political Dimension ◽  
For Profit ◽  
Legal Standing ◽  
The Impact

<p>Feature of corporation as activities-oriented for profit can lead to potential violations law or corporate crime. The criminal action corporations can arised because the impact of corporate activities arising from business contracts, product quality problems, failure of information technology systems and negligence of the administrative requirements for business licensing compliance. In other words, the legal entity of crime was often referred as corporate crime as violations committed by businesses to profit more quickly and maintains the company's reputation. The study concluded, first, the political dimension of the criminal law on corporation has general nature, that political criminal law founded in Criminal Code Bill which are oriented to the development of law by placing the corporation as a criminal, and need a codification law of Corporation. Second, The political criminal law also has special nature, which is found in 16 laws examined, in the contexts of criminal responsibility concepts and application of pattern of criminalas well as models of criminal sanctions can be imposed on perpetrators of criminal acts of the corporation.</p><p>Keywords: Corporate crime of law politics, legal standing, subject crime of law. <br /> <br /> <br /> <br /> <br /> <br /> <br /> </p>

scholarly journals The Benefits of Rental Assistance for Children's Health and School Attendance in the United States

Demography ◽  
2021 ◽  
Author(s):  
Andrew Fenelon ◽  
Michel Boudreaux ◽  
Natalie Slopen ◽  
Sandra J. Newman
Keyword(s):  
School Attendance ◽  
Average Length ◽  
Ethnic Disparities ◽  
Black Children ◽  
The United States ◽  
Future Research ◽  
Latino Children ◽  
The Impact ◽  
Racial Ethnic ◽  
Hispanic White

Abstract Programs that provide affordable and stable housing may contribute to better child health and thus to fewer missed days of school. Drawing on a unique linkage of survey and administrative data, we use a quasi-experimental approach to examine the impact of rental assistance programs on missed days of school due to illness. We compare missed school days due to illness among children receiving rental assistance with those who will enter assistance within two years of their interview, the average length of waitlists for federal rental assistance. Overall, we find that children who receive rental assistance miss fewer days of school due to illness relative to those in the pseudo-waitlist group. We demonstrate that rental assistance leads to a reduction in the number of health problems among children and thus to fewer days of school missed due to illness. We find that the effect of rental assistance on missed school days is stronger for adolescents than for younger children. Additionally, race-stratified analyses reveal that rental assistance leads to fewer missed days due to illness among non-Hispanic White and Hispanic/Latino children; this effect, however, is not evident for non-Hispanic Black children, the largest racial/ethnic group receiving assistance. These findings suggest that underinvestment in affordable housing may impede socioeconomic mobility among disadvantaged non-Hispanic White and Hispanic/Latino children. In contrast, increases in rental assistance may widen racial/ethnic disparities in health among disadvantaged children, and future research should examine why this benefit is not evident for Black children.

Analysis of carbon credit trading (CCT) practices: a study of manufacturing organizations in British Columbia, Canada

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ajay K. Garg ◽  
Amit Kohli ◽  
Jill Beverly Cummings
Keyword(s):  
British Columbia ◽  
Competitive Advantage ◽  
Ghg Emissions ◽  
Future Research ◽  
Carbon Taxes ◽  
Carbon Credit ◽  
Protection Factor ◽  
Content Type ◽  
Ghg Reduction ◽  
The Impact

Purpose Factors that affect the use of carbon credit trading (CCT) by industries include as follows: avoiding carbon taxes, international expansion, venture capital, competitive advantage and clean technology. The impact of these factors is examined here in relation to the profile of 14 Canadian organizations to investigate factors that influence CCT practices. Design/methodology/approach This research involves a survey of 150 employees at 14 industries in British Columbia (BC) Canada to review and analyze their perceptions of factors that impact CCT. Findings Results demonstrate the potential for enhancing the use of CCT by organizations. It was shown that organizations perceive that CCT enhances their competitive advantage, which is an incentive that needs further investigation as having potential for encouraging CCT and greenhouse gas (GHG) reduction. Research limitations/implications Due to limited funding and workforce, as well as geographical constraints, only 14 industrial organizations were engaged in this research in BC Canada. The scope of future research needs to be enlarged by considering neighboring countries such as the USA and Mexico. This research regarding factors that impact organizations in adopting carbon crediting trading has the potential to provide and shape inter-continental comparisons. Practical implications This study illustrates how CCT has the potential to enhance competitive advantage and may impact the industry toward reducing GHG emissions through CCT. This concept adds a new environmental protection factor and dimension to trade and industry. As organizations plan to invest funds in different carbon reduction projects this may result in expanded employment opportunities. Social implications Organizations are interested in CCT but may hesitate in engaging in CCT as it can be a complex procedure. In addition to further research, workshops and seminars regarding CCT and dissemination of research should be organized by the universities, related authorities and government organizations to make CCT more known and feasible. This study shows that financial and non-financial benefits may be gained by any organization when involved in CCT. Larger advertising and information campaigns may motivate more organizations in this regard. Originality/value This study extends the study of Garg et al. (2017) regarding challenges for CCT practices. International Journal of Management, 10(1), 85–96. It contributes evidence that the size (revenue) of an organization does not affect the level of carbon credits traded and shows potential for smaller organizations to be encouraged to take part in CCT.

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