What is the definition of a “disease of the mind” under section 16(1) of the Criminal Code of Canada?

British Columbia, Canada


The following excerpt is from R. v. Steel, 2012 BCSC 1821 (CanLII):

Section 16(1) contemplates that an accused must suffer from a disease of the mind. Mr. Justice Powers in Schoenborn relied on the definition of a “disease of the mind” in Cooper v. The Queen, 1979 CanLII 63 (SCC), [1980] 1 S.C.R. 1149, a decision of Mr. Justice Dickson at p. 1159: In summary, one might say that in a legal sense "disease of the mind" embraces any illness, disorder or abnormal condition which impairs the human mind and its functioning, excluding however, self-induced states caused by alcohol or drugs, as well as transitory mental states such as hysteria or concussion. In order to support a defence of insanity the disease must, of course, be of such intensity as to render the accused incapable of appreciating the nature and quality of the violent act or of knowing that it is wrong.

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