When mental illness plays a role in a criminal case, it can significantly affect how the court approaches the outcome. In Canada, the Not Criminally Responsible (NCR) defense allows individuals to be treated rather than punished when they lack the capacity to understand or control their actions due to a mental disorder.
If you or someone you care about is facing criminal charges in Vancouver and mental health may be a factor, it’s critical to speak with an experienced criminal defence lawyer as early as possible. This article explains what the NCR defense is, how it works, and why legal guidance from a lawyer like Tom Doust can make all the difference.
What Does ‘Not Criminally Responsible’ Mean?
The NCR designation is not a loophole or an acquittal. It’s a legal finding that the person did commit the act, but was suffering from a serious mental disorder at the time — one that made them incapable of:
- Understanding what they were doing, or
- Knowing that it was morally or legally wrong.
This defense recognizes that punishing someone who lacked criminal intent due to a mental illness would be unjust.
Who Decides If Someone Is NCR?
The process often begins with a court-ordered psychiatric assessment, requested by the defence, the prosecution, or the judge. A medical expert evaluates the accused to determine their mental condition at the time of the offence.
If the assessment supports the NCR finding, the judge may accept it, and instead of issuing a traditional sentence, the case is transferred to the BC Review Board for further action.
What Happens After an NCR Verdict?
A person found NCR is not released outright. Their case is reviewed by the British Columbia Review Board, which considers both public safety and the individual’s need for treatment. The Review Board may order:
- An absolute discharge (if the person is no longer a risk)
- A conditional discharge (with regular supervision and treatment)
- Detention in a hospital or psychiatric facility
The individual’s case is reviewed every year, and their status may change based on updated risk assessments and medical reports.
Why You Need a Lawyer for an NCR Case
Mental health-related criminal charges are among the most complex areas of law. They involve technical psychiatric evaluations, legal standards that differ from typical criminal trials, and ongoing hearings with the Review Board.
Working with a lawyer who understands this process — and who has experience guiding clients through it — is essential.
Tom Doust has represented individuals in a wide range of criminal matters, including those involving mental health concerns. He works closely with medical experts and provides clear, strategic advice throughout each stage of the NCR process.
If Mental Health Is a Factor, Don’t Wait
If you or a loved one is facing charges and you believe mental illness may have played a role, time is of the essence. Early legal intervention can improve your chances of receiving proper evaluation and fair treatment under the law.
Contact Tom Doust Criminal Law today to schedule a confidential consultation. We will help you understand your rights and the options available to you under the law.
Speak with a Vancouver Criminal Lawyer Today
When your future is at stake, trust a lawyer who brings skill, experience, and compassion to every case. Call Tom Doust at 604-618-7994 or fill out our contact form to get started.
