CONCERNING MENTALLY DISORDERED OFFENDERS - THE ALBERTA EXPERIENCE WITH BILL C-30

Objective: Until recently, the Criminal Code of Canada, enacted in 189 2, stood stalwart to social, political and technological changes, part icularly with respect to the regulations pertaining to the management of the mentally ill offender. This became more definitely so with the enactment of the Canadian Charter of lights and Freedoms (1984) as man y regulations in the Code about mentally ill offenders contravened the mandates contained in the Charter. The Supreme Court of Canada's deci sion on Regina v. Swain spurred the Federal Government to bring the re gulations on the mentally ill offender into line with the Charter. The result was the enactment of Bill C-30 which was intended to dramatica lly change the way in which forensic psychiatry was practised in Canad a. This paper presents the Alberta findings fi om a multi-site evaluat ion commissioned by the Federal Department of Justice to judge the eff ects of Bill C-30 on forensic health care practices. Methods: Health r ecords data were used to compare utilization patterns from the year pr ior to the enactment of Bill C-30 with the year following. In addition , qualitative data were obtained from key clinical and legal informant s outlining implementation difficulties that they had experienced. Res ults: Results support the judgement that Bill C-30 has not achieved it s desired effects with respect to the length of the remand, and has re sulted in an increased burden on hospitals and health care providers. In addition an unanticipated finding was the increased use of the Ment al Health Act which was considered to place forensic patients in a pos ition of double jeopardy.