What is the test for whether a person who has been found unfit to stand trial for murder by reason of reason is considered to be a "dangerous person" under s. 19(1)(a)(ii) of the Mental Health Act?
Canada (Federal), Canada
The following excerpt is from Canada (Minister of Employment & Immigration) .v Burgon, 1991 CanLII 8233 (FCA), [1991] 3 FC 44:
What was done by the medical officers here was similar to what was done in Seyoum v. M.E.I. (November 15, 1990, case A-412-90), where the applicant was said to be covered by s. 19(1)(a)(ii) because he had been found unfit to stand trial for murder by reason of insanity. Mr. Justice Mahoney of this court said that this could not "automatically support the conclusion that he might reasonably be expected to cause excessive demands on health and social services". So too, the fact that someone had been addicted to drugs did not mean that automatically she would fall within s. 19(1)(a)(ii), as was assumed by the medical officers.
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