| The history of providing care to individuals suffering from mental illness in Canada is one that is complex and often controversial. Through an exploration of current practices concerning mentally ill offenders in the Ottawa region I argue that individuals awaiting an assessment of their fitness or criminal responsibility are unconstitutionally detained. Many critics, including lawyers and other members of the justice system, mental health agencies, families, and Members of Parliament, argue that this specific problem facing accused mentally ill individuals is a result of insufficient funding and resources and contend that in order to resolve the issue the Ontario government must implement the necessary funding to provide for more forensic assessment beds and services. I argue that this problem is much more complex and goes beyond issues of funding. We can better understand this problem by locating the unconstitutional detention of mentally ill individuals within broader social, political and economic contexts which shape the mental health and justice system's practices of responding to this specialized group of offenders. |
