Home » Services and Supports » Justice System

Justice and Mental Health

Canada's criminal justice system is a complex network of independent but procedurally connected police, prosecutors, courts, correctional agencies, and parole boards. Federal, provincial, territorial, and municipal agencies and organizations all play a part, but no agency or jurisdiction has control or ownership of the entire system. Canada's adult incarceration rate is currently third highest in the world,after United States and Hungary. We also imprison more young people than most other industrialized nations. Among those that we incarcerate are people with mental disorders. Growing numbers of individuals are falling into the "cracks" between social services and health systems and landing in the criminal justice system. In recent years, the need to promote alternatives to imprisonment has become increasingly pressing.

Scope of the Issue

Extensive closure of provincial psychiatric beds followed by lack of necessary investments in community care has resulted in swelling numbers and greater visibility of people on the streets who exhibit nuisance or "scary" behaviour. Combine this with unfair stereotypes of those with mental illness, particularly their perceived risk of violence towards others, and more pressure to get them off the streets seems inevitable. With appropriate alternatives in short supply, the police have been forced to take on the role of "community mental health worker."

The number of people with mental disorders who come into conflict with the justice system is increasing at the rate of about 10 percent a year, though the number of those considered violent is actually declining. Individuals with mental disorders are more vulnerable to detection and arrest for nuisance offences (e.g., trespassing, disorderly conduct) are more likely to be remanded in custody for these minor offences and to spend disproportionately more time awaiting a sentencing disposition. Provincial jails have become crowded repositories for people with mental disorders, many of whom have been arrested for petty crimes.

Treatment is extremely limited and correctional staff are not trained to handle inmates with mental disorders. These services are often not available, are not accessible or the inmate simply does not access them due to the stigma associated with mental illness. Recent studies of federal inmates have shown that only 48 percent with a major mental disorder actually reported their symptoms to a physician or a mental health professional.

Suicide is now the leading cause of death for Canadians in correctional facilities.

In 1997, only 25 percent of young offenders in Canada were dealt with through processes outside the formal justice system, compared to the US (53%), Great Britain (57%) and New Zealand (61%). Despite the acknowledgement of high rates of mental health problems among young offenders, mental health treatment is generally not included as a core element of rehabilitation.

Source: Citizens for Mental Health, "Backgrounder: Justice and Mental Health" (January 2004), available at www.cmha.ca/citizens.