What are the implications of the new provisions in the Criminal Code of Canada on the definition of mental health legislation?
Yukon, Canada
The following excerpt is from H.M.T.Q. v. Waranuk, 2010 YKCA 5 (CanLII):
The new provisions were constitutionally challenged in Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625. In generally upholding the provisions, McLachlin J., for the majority, said (at paras. 42-43):
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