Summary#
This bill changes the Criminal Code to add mental health information to presentence reports. A presentence report is a document the court may order about a person before sentencing. The report would have to include any part of the person’s mental condition that matters for sentencing and list mental health services or supports available to them (Bill, s.1 adding Criminal Code s.721(3)(a.1)).
- Requires presentence reports to include relevant mental health details (Bill, s.1).
- Requires listing available mental health services or supports for the person (Bill, s.1).
- Does not create new programs or funding.
- Does not set standards for how mental health information is gathered or verified.
- Applies when a court orders a presentence report under existing law (Criminal Code s.721).
What it means for you#
- Households and accused persons
- If the court orders a presentence report, it must include relevant mental health information and note available services or supports, upon the bill coming into force (Bill, s.1).
- The judge will see this information when deciding the sentence. The bill does not guarantee treatment or program placement; it only requires that options be listed (Bill, s.1).
- Defense counsel and Crown
- You can expect reports to include mental health details and a menu of services. You may need to address accuracy, consent, and relevance at sentencing, once the bill is in force (Bill, s.1).
- Probation officers and report writers
- You must include relevant mental condition information and identify available services in every presentence report ordered by the court (Bill, s.1).
- The bill does not grant new powers to access health records or set methods for assessment, so existing provincial policies and privacy laws would govern how you gather information (Bill, s.1).
- Courts and judges
- You will receive standardized mental health content within presentence reports to consider alongside other sentencing factors, once the bill is in effect (Bill, s.1; Criminal Code s.721).
- Provinces and territories (corrections and health)
- You may need to coordinate so report writers can identify local services and supports. The bill sets a reporting requirement but does not provide funding or procedures (Bill, s.1).
Expenses#
Estimated net cost: Data unavailable.
- No direct appropriations, fees, or revenue changes in the bill text (Bill, s.1).
- Any administrative costs to add mental health information to reports would fall within existing justice and corrections operations; Data unavailable.
- No fiscal note or official costing identified; Data unavailable.
Proponents' View#
- Improves sentencing information: Judges will receive relevant mental health details and a list of supports, helping them tailor sentences to the person’s needs (Bill, s.1).
- Promotes access to supports: By documenting available services in the report, the court can more readily attach treatment or support conditions where lawful and appropriate (Bill, s.1; Criminal Code s.721).
- Creates a consistent national baseline: The Criminal Code will clearly require mental health content in presentence reports everywhere a report is ordered (Bill, s.1).
- Low complexity: The change adds a specific item to an existing report format without altering sentencing powers or creating new programs (Bill, s.1).
Opponents' View#
- Privacy and consent concerns: The bill requires sensitive mental health information in court records but does not set consent rules, limits on disclosure, or storage safeguards (Bill, s.1).
- Risk of delays: Adding mental health content could lengthen the time to complete reports if information is hard to obtain; the bill provides no timelines or procedures. Assumption flagged; Data unavailable.
- Quality and consistency issues: The bill sets no standards for assessment methods, qualifications, or verification, which may lead to uneven or inaccurate reporting across regions (Bill, s.1).
- Resource strain: Identifying and documenting services may add workload for probation services and require coordination with health providers; no funding is provided. Assumption flagged; Data unavailable.
- Potential for bias: Mental health notes could be interpreted in ways that influence sentencing severity if not carefully framed; the bill offers no guidance on mitigating this risk. Assumption flagged; Data unavailable.