Name: _______________________________

Date: ______________________________

Not Criminally Responsible Assessments

What does NCR mean?
NCR stands for Not Criminally Responsible. It is defined in section 16 of the Criminal Code. Section 16
of the Criminal Code states that a person is not criminally responsible for something that he or she did (or
didnt do, if they were legally required to do something) if they were suffering from a mental disorder at
the time, and:

the mental disorder made it impossible for him/her to understand the nature and quality of what
they did; OR
the mental disorder made it impossible for them to understand that what they did was morally
wrong (not just legally wrong).

What is an NCR assessment?

An NCR assessment can be ordered by a judge to determine whether a person who was suffering from a
mental disorder at the time they committed an offence was criminally responsible for his or her actions.
Much like a fitness assessment, in most cases the person being assessed is sent to a secure psychiatric
facility for the assessment. In some cases, an NCR assessment and a fitness assessment are done at the
same time.
Unlike a fitness assessment, which is concerned with finding out what a persons current mental state is, an
NCR assessment is done to determine the persons mental state at the time they committed an offence. An
NCR assessment can occur while a person is in or out of custody.
When will an NCR assessment usually be requested?
If an NCR assessment is requested by either the Crown or the accuseds lawyer, it will usually be after the
accused has pled guilty or has been found guilty after a trial, and there is some evidence to suggest that
they were suffering from a mental disorder at the time they committed a criminal offence.
However, in some cases, an accuseds lawyer may ask for an NCR assessment even though their client has
not pled guilty or been found guilty after a trial.
Can duty counsel assist with getting an NCR assessment order?
No. There are too many serious long-term consequences that can come from an NCR assessment for duty
counsel to assist with this type of matter.
If either an unrepresented accused or the Crown is seeking an NCR assessment, duty counsel will not
assist. An accused should have his or her own lawyer if this situation occurs. If the accused cannot afford a
lawyer, they may qualify for a legal aid certificate or the court may appoint a lawyer to assist them and/or
the court. Duty counsel may be able to assist with the process of getting a lawyer, but they will not
represent the accused in an NCR matter.

Name: _______________________________

Date: ______________________________

Not Criminally Responsible Assignment

A fundamental concept in the Canadian justice system is the premise that an individual must have the
capacity to understand that his or her behaviour was wrong in order to be found guilty of a criminal
offence. The verdict of not criminally responsible on account of mental disorder (NCRMD) is a final
decision reached when a judge or jury finds that an accused was suffering from a mental disorder while
committing the criminal act and as a result is exempt from criminal responsibility. An individual found
NCRMD is neither acquitted nor found guilty. The court or Review Board may make one of three
dispositions: absolute discharge, conditional discharge, or detention in a hospital.
http://www.cbc.ca/fifth/episodes/2013-2014/the-man-who-hears-voices
1. With reference to the documentary Not Criminally Responsible: Jeffrey Arenburg - The Man Who
Hears Voices - The Fifth Estate How does the Criminal Code of Canada consider the mental health of
offenders? Should people who commit serious crimes, regardless of mental health, be sent to jail?