Abstract
This paper reviews both English and Canadian law governing the concept of insanity in relation to criminal offences. The prevailing legal doctrine and jurisprudence show that both our penal system and our present judicial way of thinking are outdated and do not take into account the progress of the science of psychiatry.
The contention is that our criminal law should be revised and should recognize that the antisocial behaviour of an individual is, in many instances, the result of an abnormal mental condition which renders him incapable of judging whether or not his actions are criminal, and consequently it is suggested that such behaviour should not be dealt with by sentencing the person to prison but by commitment to a psychiatric institution.