What is the current state of the law in the context of mental health issues?
British Columbia, Canada
The following excerpt is from R. v. McDonald, 2002 BCSC 269 (CanLII):
Balanced against the foregoing and as some solace I refer to what was said in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625 at paragraph 1: In every society there are those who commit criminal acts because of mental illness. The criminal law must find a way to deal with these people fairly, while protecting the public against further harms. The task is not an easy one. And the second sentence of paragraph 65: Every humane system of justice must provide for the disposition of cases where the perpetrator of the alleged crime is not criminally responsible.
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