The appellant challenged the constitutionality of the Criminal Code regime governing persons found not criminally responsible on account of mental disorder, arguing that s. 672.54 violated ss. 7 and 15(1) of the Charter by creating an improper burden, vagueness, overbreadth, and discriminatory treatment.
The Court held that Part XX.1 created an individualized assessment-and-treatment regime directed to public safety and fairness, not punishment, and that an NCR accused must receive the least onerous and least restrictive disposition compatible with the statutory objectives.
The majority interpreted s. 672.54 to require an absolute discharge unless the court or Review Board positively finds a significant threat to the safety of the public.
The Court further held that the regime did not discriminate against mentally disordered accused, but instead promoted substantive equality through individualized treatment.
Appeal dismissed.
