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NCR vs. Criminal Responsibility

Usually a trial ends with a finding of either “guilty” or “not guilty”. However, sometimes the court will find an individual “not guilty by reason of mental disorder”. These individuals actually committed the acts they are accused of, but because of some sort of mental disorder are unable of possessing the “guilty mind” the law requires to find an individual guilty. Thus, they are deemed Not Criminally Responsible for their actions, or “NCR”. Not every person with a mental illness will be able to raise a successful NCR defence. In fact, NCR defences are only available to individuals who have certain forms of mental illness. The requirements an individual must meet to raise a successful NCR defence are outlined in the Criminal Code of Canada. According to the Criminal Code, every individual is presumed to be sane under the law, unless proven otherwise. In order to raise a successful NCR…

18 Aug 2009

Police Can Legally Search Garbage Without a...

14 Aug 2009

The Supreme Court of Canada made headlines earlier this year when they released their decision in R. v. Patrick (“Patrick”) which confirmed, for the first time ever, that the police…

Immigration Repercussions of a Criminal...

13 Aug 2009

As criminal defence lawyers practicing in a multicultural city like Toronto, we are often asked what effect a criminal conviction may have on a client’s immigration status. If you are…

Great Result on Serious Sexual Assault...

6 Aug 2009

Kostman & Pyzer, Barristers, Toronto lawyer Jonathan Pyzer made news recently at the sentencing hearing of a young Toronto man convicted of violently sexually assaulting a woman he met in…

Having Photographs and Fingerprints Destroyed

5 Aug 2009

When an individual is arrested, the police will take photographs of the accused and obtain copies of his or her fingerprints to keep on file. In many situations, individuals are…