Winko v. British Columbia (Forensic Psychiatric Institute), [1999] 2 S.C.R. 625 is a leading Supreme Court of Canada

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

 decision on constitutionality of the mental health

Mental health

Mental health describes either a level of cognitive or emotional well-being or an absence of a mental disorder. From perspectives of the discipline of positive psychology or holism mental health may include an individual's ability to enjoy life and procure a balance between life activities and...

 laws in the Criminal Code of Canada

Criminal Code of Canada

The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...

 under section 7

Section Seven of the Canadian Charter of Rights and Freedoms

Section Seven of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section, namely the right to life, liberty, and...

 and section 15

Section Fifteen of the Canadian Charter of Rights and Freedoms

Section Fifteen of the Canadian Charter of Rights and Freedoms contains guaranteed equality rights. As part of the Constitution, the section prohibits certain forms of discrimination perpetrated by the governments of Canada with the exception of ameliorative programs and rights or privileges...

 of the Canadian Charter of Rights and Freedoms

Canadian Charter of Rights and Freedoms

The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...

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Background

Joseph Winko lived in Vancouver and suffered from a mental illness which included hearing voices. In 1983, he was arrested for attacking pedestrians with a knife and charged with aggravated assault, assault with a weapon, and possession of a weapon for purposes dangerous to the public peace.

At trial he was found "not criminally responsible" and was institutionalized at the Forensic Psychiatric Institute. In 1995, the institute's review board directed Winko to be given a conditional discharge. Winko appealed the ruling, asking instead for absolute discharge.

The issue before the Supreme Court was whether section 672.54 of the Criminal Code which granted the review board the power to give discharges was a violation of section 7 and 15 of the Charter.

The majority of the Court held that the criminal code provision did not violate the Charter.

Opinion of the Court

Justice McLachlin, writing for the majority of the Court, dismissed the appeal. She held that the provision was not overly vague, overbreadth, or imposed an improper onus and so did not violate section 7 of the Charter. She also found that the provision gave differential treatment based on an enumerated ground under section 15, however, the distinction did not constitute discrimination as the treatment reflected the needs of the individuals by attempting to treat them.

External links

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