I was reading the testimony presented to the Standing Committee on Justice and Human Rights regarding Bill C-54 which is an Act to amend the Criminal Code regarding people who are found Not Criminally Responsible. Many of the arguments put forward are similar to those I sent to the Conservative Government in March of last year. (Just type in Brief in the search box).
I won’t make the same arguments but I would like to point out something as relevant. Bill C-54 is about the law and mental health. These are the groups the Conservative Government of Canada did NOT consult in the drafting of the Bill:
The Canadian Psychiatric Association,
The Canadian Psychological Association
The Canadian Mental Health Association
The Mood Disorders Society of Canada
The Canadian Association of Social Workers
The Canadian Association for Suicide Prevention
The National Network for Mental Health
The Centre for Addiction and Mental Health
The Schizophrenia Society of Canada
The 19 members of the Canadian Alliance on Mental Illness and Mental Health
The Criminal Lawyers Association
The Canadian Bar Association
Not to mention individuals, and families who are secondary victims and directly affected by such legislation.
This list is not exhaustive but then again it is.
People throw the word stigma around a fair bit but this government and this Standing Committee have stood on the throat of an important and often ignored segment of the issue; the secondary victims who live with it. I have to forgive stigma else it drives me mad but when it is intentional and politically motivated it becomes less an issue of ignorance and it becomes abuse.
Mr. Robert Goguen shatters all faith I have in a committee that is somewhat of a safeguard to irresponsible government. The Conservative Member of Parliament from New Brunswick succinctly sums up his government’s perspective and perception when he says:
“It’s making sure that these CRIMINALS are treated for whatever time is needed.”
In all fairness to Mr. Robert Goguen I Googled his qualifications. Such a statement could only come from someone who has no clue. In fact, Mr. Robert Goguen is a lawyer. Mr. Robert Goguen is in fact the Parliamentary Secretary to the Minister of Justice.
I don’t possess a law degree, in fact I don’t even possess a degree but I feel I need to point out to Mr. Robert Goguen that a necessary element for a crime is Mens rea; a guilty mind. To put it more simply for Mr. Robert Goguen the act does not constitute guilt but the act of knowing does. Not Criminally Responsible individuals are not found guilty and are thus referred to as the accused. I’m not sure where Mr. Robert Goguen got his law degree let alone where he has stumbled about with it but in Canada, coast to coast the accused is not guilty and therefore not a criminal until proven to be so. Not Criminally Responsible individuals are not proven to be guilty because they could not appreciate the nature of the act or omission due to a mental disorder.
Mr. Robert Goguen has lectured on bankruptcy at Mount Allison University and the Universite de Moncton. Mr. Robert Goguen is well qualified in bankruptcy considering he himself is bankrupt of a basic understanding of the law.