A Canadian Example of Insanity Defence Reform: Accused Found Not Criminally Responsible Before and After the Winko Decision

Abstract

This article reports on the effects of legislative reform on mentally disordered accused persons absolutely discharged from Review Boards in three Canadian jurisdictions. The sample included 592 accused randomly selected from all persons absolutely discharged in British Columbia, Ontario, and Quebec. Of these, 291 were absolutely discharged by provincial Review Boards in the three-year period prior to the landmark Winko decision and 301 in the three-year period following the decision. Analyses of information collected from Review Board files revealed few significant post-Winko changes, instead highlighting differences in practice and policy between jurisdictions. The only observed change in characteristics across jurisdictions was an increase in the prevalence of substance abuse disorders following Winko. No significant effects on outcomes were observed. Although the long-term effects of Winko remain to be seen, the effects appear to be minimal to date. Treating the Winko decision as a case example, discussion focuses on how findings of the present study may contribute to our understanding of the impact of policy and legislative reform on mentally disordered accused.