10/3 podcast: Treatment or prison? What happens when a killer is found mentally ill

The Growth Op
Tue, Sep 22
Key Points
  • On average, about 20 homicide cases per year in Canada result in the killer being found not criminally responsible (NCR) and sent to mental health treatment instead of prison.
  • The process for deciding NCR status involves assessing the accused's mental state and legal responsibility at the time of the crime, which can be complex and controversial.
  • The designation of NCR sparks debate due to concerns about justice for victims’ families and public safety, as offenders are treated rather than punished with traditional incarceration.
  • Journalist Emma Jarratt discusses the common factors in NCR cases, the controversies surrounding them, and proposed changes to improve the system.

On average, about 20 homicide cases every year in Canada wind up with the killer being found not criminally responsible, and sentenced to mental health treatment instead of jail.

But how are these cases decided, and what is the fallout for families of the victims when the perpetrator isn’t sent to prison?

Emma Jarratt, a reporter with the Investigative Journalism Bureau, joins me to discuss key factors that are frequently present in cases where an accused is designated NCR, why the designation is seen as controversial, and what changes people are proposing.

Background reading: Not Criminally Responsible: The broken system behind the killers who don’t go to jail