NCR And Mental Health Panel |

NCR And Mental Health Panel

NCR And Mental Health Panel

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Professionalism (Ethics, etc.): 0.25
20 minutes
Substantive: 0.75
40 minutes
Guy Cournoyer
Kim Hyslop
Karin Stein
Joel Watts
County of Carleton Law Association (CCLA)
1 hour
$119.00 plus tax
CCLA Criminal Law Conference 2017
Includes Handouts

This panel is composed of a Superior Court judge from Quebec, a forensic psychiatrist from the Royal Ottawa Hospital, who is also a member of the Ottawa Mental Health Court team, and a local defence lawyer.  The Superioir Court Judge and the psychiatrist have worked together on two high-profile NCR cases out of Montreal: Luka Magnotta and Richard Bain.  The panel will discuss the impact of scholarly literature on NCR hearings, how the hearings proceed; how to assist the judge in these cases and what the judge expects of counsel; the interplay between the law and psychiatry; and dealing with the expert.

The professionalism topics that will be covered include:

  • Duty of competency and quality of service: understanding how to run a NCR case, how to interact with the assessing psychiatrist (be they the crown expert or defence expert and the differences between the two); promoting client objectives (when it is in the client's interest to seek a NCR finding); maintaining client confidentiality when obtaining a private NCR assessment; what to disclose and when; duties related to advocacy in arguing for or against a NCR finding or assessment; how to incorporate academic papers/studies into arguments before the court; managing difficult clients; dealing with the media in high-profile cases (Applicable Rules: 3.1-1(b), (f), (h), (k), 3.1-2)


Guy Cournoyer

Justice Cournoyer was a member of the Barreau du Québec from 1987 to 2007. He was a partner at the law firm of Shadley Battista, LLP, where he practiced Criminal Law and Disciplinary Law. He has appeared before trial courts in criminal and penal divisions, the Quebec Court of Appeal, the Court Martial Appeal Court of Canada and the Supreme Court of Canada. He is one of the founding members of the Canadian Council of Criminal Defense Lawyers (CCCDL). He was President of l'Association québécoise des avocats et avocates de la défense (AQAAD) » from 1995 to 1996. He was Associate Legal Counsel for the Commission of Inquiry into Certain Events at the Prison for Women, presided by Madam Justice Louise Arbour in 1995-1996. In 1997-1998, he was Counsel for the « Commission d’enquête chargée de faire enquête sur la Sûreté du Québec ». In 2004-2005, he was Associate Legal Counsel for the Commission of Inquiry into the Sponsorship Program and Advertising Activities presided by Justice John H. Gomery. He taught Criminal Law at McGill University, l’Université du Québec à Montréal, and l’École du Barreau, where he also taught Ethics and Professional Responsibility. From 1995 to 2006, he was a member of the Faculty of the Federation of Law Societies’ National Criminal Law Program. He is the author of the Annotated Criminal Code: Cournoyer-Ouimet and is co-author of the « Code des professions annoté ». He was appointed to the Superior Court of Quebec on May 10, 2007, and to the Court Martial Appeal Court of Canada on July 30, 2009.

Kim Hyslop

Kim graduated from the University of Ottawa in 2007 with a B.Soc.Sc. in Political Science and Criminology. She earned her LL.B., also from the University of Ottawa, in 2010 and was called to the Bar in June 2011. Kim practices in association with Shore Davis Johnston exclusively in the area of criminal law. She has represented clients charged with a broad range of offences and has experience assisting clients in the Mental Health Court, including issues of Not Criminally Responsible (“NCR”) and Fitness to Stand Trial. Kim is also a Founder, Director, and current Secretary of the Barristers for a Better Bytown, a local charity which aims to give back to members of our community who are in need, including at risk youth, the homeless, and others.

Karin Stein

Karin Stein graduated from the University of Ottawa Law School in 2004 and articled with a full-service boutique firm in Ottawa. After her call to the bar in 2005, Karin joined Carroll & Wallace where she practices criminal and quasi-criminal law. She is a member of the DCAO executive.

Joel Watts

Joel Watts, MD, FRCPC, DABPN (Forensic Psychiatry) completed his medical degree at the University of Western Ontario in 2003, his Psychiatry residency at the University of Ottawa in 2008 and a fellowship in Forensic Psychiatry in Cleveland, Ohio in 2009. He practiced at the Institut Philippe-Pinel de Montréal (a maximum security forensic hospital) from 2009 to July 2015 doing assessments, treatment and rehabilitation of mentally ill offenders. He also assessed and treated sexual offenders as part of a treatment program funded by the Correctional Service of Canada. He held a faculty appointment as an Assistant Professor in the Department of Psychiatry at the University of Montreal and was a site director for the General Psychiatry Residency Program. He was also the Program Director for the Forensic Psychiatry Residency Program from 2012 - July 2015. He now sits as the Ontario region member and Vice-Chair of the Forensic Psychiatry Specialty Committee of the Royal College of Physicians and Surgeons of Canada. Dr. Watts moved to the Royal Ottawa Mental Health Centre (ROMHC) in July 2015 where he continues to assess and treat individuals with mental health difficulties who have legal problems or an increased risk of violence. He is also the Mental Health Court Clinical Lead at the ROMHC for the Champlain (Eastern Ontario) Region. He is currently the President of the Canadian Academy of Psychiatry and the Law (CAPL) and is the President of Quebec branch of CAPL. He is fluent in both official languages (French and English).

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