Reasoning
Lamer CJC explained that there is a presumption of criminal capacity. For a minor child, the reverse is true. For a child over age 14, the presumption of incapacity is rebuttable. A claim of insanity undermines the voluntariness of either the actus reus or the mens rea. It can also provide an excuse to criminal conduct, where intention is present. The defence can be raised in a number of ways, therefore. For example, the defence can plead insanity to show a lack of capacity to understand right and wrong, or to show a cognitive breakdown leading to an irresistible impulse to act.
The focus is on incapacity to form a mental element – a mentally disordered person does not have the capacity to distinguish between right and wrong.
“Wrong” means more than legally wrong or knowing the law of the land; it means morally wrong as well. This decision overruled R. v. Schwartz (1977). The test requires that the defence establish that due to the mental illness, the accused could not appreciate that his conduct: “conformed to normal and reasonable standards of society” “breaches a standard of moral conduct” “would be condemned.”
Lamer addresses the floodgates question. First, the presence of a mental disorder is required before this analysis is even undertaken. Second, moral standards are not judged on the personal standards of the accused. The mental disorder must inhibit the accused from appreciating society's standards of morality. The accused cannot substitute its own moral code and say that he was acting according to that code.
Read more about this topic: R. V. Chaulk
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