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list price: $54.00
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category: Law
published: Sep 2006
ISBN:9781552212783
publisher: Irwin Law Inc.

Mental Disorder and the Law

A Primer for Legal and Mental Health Professionals

by Hy Bloom & Richard D. Schneider

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mental health, criminology
0 of 5
0 ratings
rated!
rated!
list price: $54.00
edition:eBook
also available: Paperback
category: Law
published: Sep 2006
ISBN:9781552212783
publisher: Irwin Law Inc.
Description

Over the past decade or so, Canada's criminal justice system has had to deal with escalating numbers of mentally disordered offenders.

At the provincial level, a number of provinces have implemented "diversion" programs. These programs are vehicles for re-connecting mentally disordered individuals with the civil mental health care systems from which they have become disconnected. In 1992, the Parliament of Canada introduced sweeping changes to the Criminal Code which reflected a new approach to the problem of the mentally ill offender. These changes were based on a growing appreciation that treating mentally ill offenders like other offenders failed to address properly the interests of either the offenders or the public. The emphasis in the legislation and in the judicial decisions which have followed it is on achieving the twin goals of protecting the public and treating the mentally ill offender fairly and appropriately.

This purpose of this book is to inform, promote understanding, and demystify. The book follows the logical and temporal sequence of the issues a mentally disordered accused is likely to encounter from arrest to sentencing—or in the case of an accused found not criminally responsible, until that point when he or she is absolutely discharged by a provincial or territorial review board. It provides a succinct overview of the key topics that judges, crown and defence counsel, and mental health providers are likely to encounter in their day-to-day work with mentally disordered offenders. It brings together psychiatric/clinical information with key legal principles, case law, and applicable statutory provisions; it thereby allows the reader to access relevant theoretical and practical information from the disciplines of both psychiatry and law. Collaboration between the two disciplines will undoubtedly play a pivotal role in facilitating the provision of service to this afflicted and invariably underserviced population.

An earlier version of this work entitled The Mentally Disordered Offender was written specifically for the National Judicial Institute's "Electronic Bench Book" series.

About the Authors

Hy Bloom

Dr. Hy Bloom is a forensic psychiatrist and lawyer who assesses individuals who have mental illnesses and outstanding criminal charges. He is an associate of the Central Branch of the PSILEX Group, which provides consultation in behavioural sciences and the law. He is also a part-time staff member of the Law and Mental Health Program at the Clarke Branch of the Centre for Addiction and Mental Health; an assistant professor in the Department of Medicine at the University of Toronto; and an assistant clinical professor in the Department of Psychiatry and Behavioural Neurosciences at McMaster University. Dr. Bloom is both an alternate chairperson and psychiatry member of the Ontario Review Board. He was called to the Bar of Ontario in 1980. He has published on a number of topics in psychiatry and the law.
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Richard D. Schneider

The Honourable Richard D. Schneider is a justice of the Ontario Court of Justice, where he presides at Toronto's Mental Health Court, and alternate chair of the Ontario and Nunavut Review Boards. He is also an assistant professor in the Department of Psychiatry, Faculty of Medicine, at the University of Toronto, and an adjunct lecturer in the Faculty of Law, University of Toronto. Prior to his appointment to the bench, Justice Schneider was a criminal defence lawyer, a clinical psychologist, and counsel to the Ontario Review Board. He was recently appointed honorary president of the Canadian Psychological Association. He has published extensively in the area of mental disorder and the law.
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