I had a lot of fun with my friends and cherished colleagues Erin Dann and Carter Martell talking about one of my favourite topics – the NCR Verdict Appeal – that can strike fear in the hearts of those lawyers involved with the Verdict at trial. Helpful tips for best practices from these wonderfully funny big brainiacs.

You can now watch our conversation on WiCCD’s YouTube channel, released as Episode #51 of the newly rebranded “She Cares” series – we recorded it on Feb 9 2026 for this Feb 11th release, but to be fair Carter raised this idea with me over a year ago. Took us too long to get here but well worth the wait!

Here is the link to the Video – it’s a fun ride!

If you’re a big mental disorder and the criminal law nerd, like me, you might want to watch some other videos on our YouTube channel, including this recent discussion that drills down into the Bharwani Judgment, with Carter and Sarah Rankin – a bit more detail on the law, less focused on procedure.

At our latest Mental Disorder and the Law Conference held last April (2025), we also had two panels devoted to NCR which explored both substantive and procedural aspects of this special Verdict. You can find them here:

Also there is a tremendous chapter in our book Canadian Anthology on Mental Health and the Law on “Wrongful NCR” – it is our Miscarriages of Justice chapter written with retired Judge Harry LaForme and Professor Kent Roach, Caleigh Glawson and me — Chapter 26 in this little beauty. Not so little tho.

Chapter 26: Miscarriages of Justice and Mental Health

Justice Harry LaForme, Professor Kent Roach, Caleigh Glawson and Anita Szigeti

§26.01 Introduction

§26.02 History of the Not Criminally Responsible (“NCR”) Verdict

[1] Bill C-30 – An Act to Amend the Criminal Code (Mental Disorder)

[2] Bill C-14 – The NCR Reform Act, 2013

§26.03 Procedure on NCR Applications

[1] Raised by the Accused

[2] Raised by the Crown

[3] Raised by the Court

§26.04 The Elusive Absolute Discharge Post-NCR Verdict – Review Board Process

[1] Low Level Index Offending

[2] Treatment Resistant or Untreatable Mental Disorders

§26.05 Reversing the NCR Verdict – Barriers in the Appeal Process

[1] Leave to Extend Time to File the Appeal on Historical NCR Denied

[2] Leave to Extend Time to File the Appeal on Historical NCR Granted

[3] Seeking for the First Time on Appeal to Substitute NCR for a Conviction Below

§26.06 Miscarriages of Justice

[1] Paternalism and Ineffective Assistance of Counsel

[a] J.G.

[b] J.F.

[2] Procedural Fairness and Self-Represented Individuals

[a] P.A.

[b] Yannick Tshiamala

[c] Cameron Laming

[d] Astrida Kankis

[3] Juries

[a] Guy Turcotte

[b] Aaron Molodowic

[4] Review Boards

§26.07 Reports Leading to the Creation of a Commission to Replace the Role of the Federal Minister of Justice

§26.08 Bill C-40

§26.09 Some Additional Recommendations to Prevent Wrongful NCR

[1] Strengthen Bill C-40

[2] Treat NCR as a True Defence

[3] Making Better Use of Court – Appointed Amicus Curiae in NCR Matters

[4] Better Judicial Supervision of Guilty Pleas

§26.10 Conclusion