Quebec leads Canada in not criminally responsible (NCR) verdicts. Explore the debate, mental health care, and calls for reform after high-profile cases.
Quebec’s NCR Verdicts: Justice, Mental Health & Controversy
A Surge in NCR Verdicts Sparks Public Outcry
When Pierre Ny St-Amand was found not criminally responsible (NCR) for driving a bus into a Laval daycare in 2023, killing two children and injuring six, the verdict sent shockwaves through Quebec. Parents like Mélanie Goulet, whose daughter survived, voiced frustration and disbelief. To them, it felt as though the perpetrator was being cast as a victim, fueling a heated debate over what NCR truly means.
Understanding NCR: More Than an Acquittal
Quebec has the highest rate of NCR verdicts in Canada, with several recent high-profile cases. In April, Emmanuel Gendron-Tardif was found NCR for the fatal stabbing of his mother, and Fabio Puglisi received the same verdict after killing his mother and a neighbor, both cases linked to untreated schizophrenia.
Dr. France Proulx, a forensic psychiatrist at Montreal’s Philippe-Pinel Institute, emphasizes that NCR is not an acquittal. Instead, it recognizes that severe mental illness at the time of the crime means the individual requires treatment, not punishment. Still, for victims’ families, this can feel like a denial of justice.
Why Does Quebec Lead in NCR Verdicts?
Despite accounting for less than 1% of all verdicts, Quebec’s NCR decisions far exceed those of other provinces. Dr. Mathieu Dufour, head of psychiatry at Philippe-Pinel, notes that Quebec’s legal framework makes involuntary hospitalization difficult. As a result, NCR verdicts often become the gateway to necessary psychiatric care.
Statistics show that over 2,100 people in Quebec are under the mental health review board’s jurisdiction—more than Ontario and British Columbia combined. The prevalence of psychiatric disorders isn’t higher in Quebec; rather, the system’s structure leads to more NCR outcomes.
What Happens After an NCR Verdict?
Unlike fixed prison sentences, the duration of detention or supervision for those found NCR is uncertain. Most NCR cases involve severe mental illnesses such as schizophrenia or bipolar disorder. Treatment can occur in secure hospitals or, if the patient is stable and cooperative, in the community under strict conditions.
Each year, a review board assesses the individual’s progress, balancing public safety with patient rights. Release is gradual and conditional, with requirements like regular medication, abstaining from substances, and no contact with victims.
Flaws in Follow-Up and Calls for Reform
Tragic incidents, such as the killing of Sgt. Maureen Breau by a man under mental health board supervision, have exposed shortcomings in post-verdict monitoring. Families and advocates, including Isabelle Gaston—whose ex-husband was initially found NCR for killing their children—argue for stricter oversight and minimum detention periods.
Gaston also questions the consistency and quality of psychiatric assessments, advocating for independent audits to ensure justice is served. Legal experts acknowledge the challenge: judges must rely on psychiatric evaluations, yet they lack the expertise to scrutinize them fully.
The Path Forward: Balancing Rights and Public Safety
Quebec’s government is working to improve mental health and forensic services, aiming for better risk assessment and support after release. The debate continues: how can society protect itself while ensuring humane treatment for those whose crimes stem from mental illness?
As Quebec navigates these complex issues, the NCR debate remains a lightning rod—challenging our understanding of justice, responsibility, and the role of mental health in the legal system.
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