Skip to main content Accessibility help

We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.

Close cookie message
×
Hostname: page-component-848d4c4894-pftt2 Total loading time: 0 Render date: 2024-06-04T16:10:52.427Z Has data issue: false hasContentIssue false

Chapter 22 - Forensic Neurodevelopmental Disabilities: A Perspective from Ontario, Canada on Pathways and Services

from Section 3 - Criminal Justice Pathways and Legal Issues

Published online by Cambridge University Press:  18 May 2023

By
Voula Marinos ,
Lisa Whittingham ,
Jessica Jones  and
Richard D. Schneider
Edited by
Jane M. McCarthy ,
Regi T. Alexander  and
Eddie Chaplin
Jane M. McCarthy
Affiliation:
Sussex Partnership NHS Foundation Trust and University of Auckland
Regi T. Alexander
Affiliation:
Hertfordshire Partnership University NHS Foundation Trust and University of Hertfordshire
Eddie Chaplin
Affiliation:
Institute of Health and Social Care, London South Bank University
Get access

Summary

Using two composite case studies the following chapter outlines the intersection of legal and forensic pathways to justice for persons with developmental disabilities in Ontario, Canada. Their pathways include a number of junctures where decision making by different stakeholders across sectors is required pertaining to legal determinations of either criminal fitness to stand trial and culpability as well as the health care presence of a contributory mental illness or disorder. Despite having similar profiles, people with developmental disabilities can have vastly different access, processes, and outcomes depending upon a number of variables including legal factors such as the severity of the offence and offence history; and extralegal factors including support network, discretion of multiple decision makers, legal resources and jurisdiction. The pathways recognise the importance and need for ensuring equitable and therapeutic justice for such individuals.

Keywords

developmental disabilitiescriminal justice systemforensic systemdiversion; pathwaysOntarioCanada
Type
Chapter
Information
Forensic Aspects of Neurodevelopmental Disorders
A Clinician's Guide
 , pp. 265 - 276
Publisher: Cambridge University Press
Print publication year: 2023

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008, S.O. 2008, c. 14. Available from: www.ontario.ca/laws/statute/08s14.Google Scholar
American Psychiatric Association. Diagnostic and Statistical Manual of Mental Disorders, 5th edition: DSM-5. American Psychiatric Association, 2013.Google Scholar
Brown, I, Radford, JP. The growth and decline of institutions for people with developmental disabilities in Ontario: 1876–2009. Journal of Developmental Disabilities 2015; 21(2): 7–27.Google Scholar
Griffiths, D, Owen, F, Condillac, R, eds. A Difficult Dream: Ending, Institutionalization for Persons with Intellectual Disabilities with Complex Needs. NADD Press, 2016.Google Scholar
Dubé, P. Nowhere to turn: investigation into the Ministry of Community and Social Services’ responses to situations of crisis involving adults with developmental disabilities. 2016. Available at: www.ombudsman.on.ca/resources/reports-and-case-summaries/reports-on-investigations/2016/nowhere-to-turn.Google Scholar
Legislative Assembly of Ontario. Inclusion and opportunity: a new plan for developmental services in Ontario. 2014. Available at: https://connectability.ca/wp-content/uploads/2014/06/5.2-GO-Select-Committee-Development-Services-Final-Report-2014.pdf.Google Scholar
Jones, J. Persons with intellectual disabilities in the criminal justice system: review of issues. International Journal of Offender Therapy and Comparative Criminology 2007; 51(6): 723–33.Google Scholar
Lunsky, Y, Raina, P, Jones, J. Relationship between prior legal involvement and current crisis for adults with intellectual disability. Journal of Intellectual and Developmental Disability 2012; 37(2): 163–8.Google Scholar
UN General Assembly. Convention on the Rights of Persons with Disabilities: resolution adopted by the General Assembly, 24 January 2007, A/RES/61/106. Available at: www.refworld.org/docid/45f973632.html.Google Scholar
Accessible Canada Act(S.C. 2019, c. 10). Available at: https://laws-lois.justice.gc.ca/PDF/A-0.6.pdf.Google Scholar
Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c. 11. Available at: www.ontario.ca/laws/statute/05a11.Google Scholar
Criminal Code(R.S.C., 1985, c. C-46) (Can). Available at: https://laws-lois.justice.gc.ca/PDF/C-46.pdf.Google Scholar
Human Services and Justice Coordinating Committee. Mental health courts in Ontario: a review of the initiation and operation of mental health courts across the province. Available at: https://ontario.cmha.ca/wp-content/uploads/2017/11/Mental-Health-Courts-in-Ontario-1.pdf.Google Scholar
Prokop, J, Huisman, T, Marr, G. Understanding the offender with a dual diagnosis. Available at: www.community-networks.ca/wp-content/uploads/2015/11/understanding_the_offender_w_dd-jan.2010.pdf.Google Scholar
Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, s 91(24). Available at: https://laws-lois.justice.gc.ca/eng/const/page-15.html.Google Scholar
Wexler, DB, Winick, BJ. Therapeutic jurisprudence as a new approach to mental health law policy analysis and research. University of Miami Law Review 1991; 45: 981–1004.Google Scholar
Ministry of the Attorney General. Crown Prosecution manual. Available at: www.ontario.ca/document/crown-prosecution-manual.Google Scholar
R. v. Antic [2017] 1 SCR 509. Available at: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/16649/index.do.Google Scholar
Southern Network of Specialized Care. Understanding special needs offenders who have dual diagnosis. Available at: www.community-networks.ca/wp-content/uploads/2015/11/understanding_the_offender_w_dd-jan.2010.pdf.Google Scholar
Ministry of Children, Community and Social Services. Policy directives for application entities. 2013. Available at: www.ontario.ca/page/ministry-children-community-and-social-services.Google Scholar
Ministry of Education. Special education in Ontario: Kindergarten to grade 12. Available at: www.ontario.ca/edu.Google Scholar
Human Services and Justice Coordinating Committee. Mental health courts in Ontario: a review of the initiation and operation of mental health courts across the province. 2017. Available at: https://ontario.cmha.ca/wp-content/uploads/2017/11/Mental-Health-Courts-in-Ontario-1.pdf.Google Scholar
R v. Taylor 1992 CanLII 7412 (ON CA), [1992] OJ 2394 (ON CA). Available at: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/14276/index.do.Google Scholar
R v. Whittle [1994] 2 SCR 914. Available at: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1165/index.do.Google Scholar
Schneider, RD. Fitness to be sentenced. Criminal Law Quarterly 1998–1999; 261: 261–3.Google Scholar
Ontario Review Board. About us. Available at: www.orb.on.ca/scripts/en/about.asp#history.Google Scholar
R v. Demers [2004] 2 SCR 489. Available at: https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/2160/index.do?site_preference=normal.Google Scholar
Marinos, V, Stromski, S, Whittingham, L, Griffiths, D. Intellectual and Developmental Disabilities and the Criminal Justice System. NADD Press, 2020.Google Scholar
Whittingham, L, Durbin, A, Lin, E, Matheson, FI, Volpe, T, Dastoori, P, et al. The prevalence and health status of people with developmental disabilities in provincial prisons in Ontario, Canada: a prospective cohort study. Journal of Applied Research in Intellectual Disabilities 2020; 33(6): 1368–79.Google Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×