Not criminally responsible: Mathew de Grood and 7 other NCR cases

As Matthew de Grood is found not criminally responsible (NCR) in the 2014 killings of five young people, we look at other high-profile cases where the designation was used, some successfully, some not.

DeGroodpleaded not guilty to first-degree murderdespite admitting to killingLawrence Hong, 27, Joshua Hunter, 23,KaitlinPerras, 23,ZackariahRathwell, 21, and JordanSegura, 22,as they celebrated the end of university classes in the early hours of April 15, 2014.

• 'There will be no peace for us,' families say after de Grood found NCR for 5 stabbings
• Matthew de Grood says he's 'truly sorry' for killing 5 victims who 'never deserved to die'
• Read & watch moving statement from families of Matthew de Grood's stabbing victims

In a very small number of cases, an accused person is found to be suffering from such severe mental disorders, such as schizophrenia, that while they were committing the illegal act, they could not appreciate what they were doing was morally wrong.

In those rare cases, the accused person is found to be not criminally responsible (NCR).

In Alberta, between April 1, 2013, and March 31, 2014, 19 people were found to be not criminally responsible. In the next 12 months, another 19 people were deemed NCR.

Compare those numbers to theapproximate60,000 criminal arrests in the province each year, according to statistics from Alberta Justice.

"I think there needs to be a fair amount of explanation as well as a fair amount of reassurance to the public about the all-important issue of risk when an individual is found NCR," said forensic psychologist Patrick Baillie.

"It means that whatever behaviour they engaged in wasn't the sort of wilful behaviour we typically associate with a criminal offence."

A psychotic break?

UnderSection 16 (1) of Canada's Criminal Code, a person cannot be found criminally responsible "for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing it was wrong."

Nationally, about 1 out of 1,000 criminal cases are found to be NCR; Baillie says of those, fewer than 10 per centare for violent offences.

The evidence at de Grood's trial spoke to hismental stateat the time of the killings. Court heard that hours before the stabbings, hesent ominous messagesand told friendshe thought the end of the world was imminent.

De Grood, who had garlic stuffed inside his clothing at the time of his arrest,postedmessages onlinetalking about killing vampires and told people he was an alien,according to an agreed statement of facts.

De Grood's father, a 30-year veteran of the Calgary Police Service, considered swearing a mental health warrant in the days before the killings as he and his wife had become increasingly concerned about their son's apparently deteriorating mental health.

Periodic reviews

The NCR decision means deGroodwill be sent to a psychiatric facility for treatment rather than a prison, with periodic reviews conducted by a board, which includes two judges, psychiatrists and community members.

DeGroodcould also be labelled with the high-risk NCR designation, which would mean longer periods between reviews and harsher restrictions on his movements.

The Crown will determine whether to make a high-risk NCR application after de Grood undergoes his first mental health review 90 days from now, prosecutor Neil Wiberg told reporters.

Once the board feels the risk is low enough that they don't pose a risk to the community, the person is released.

Rates of recidivism for those found to be NCR are much lower than those convicted of a crime. Recent studies putrecidivism rates at seven per cent for violent crimes and four per cent for non-violent crimes.

That's five times less than it is for those convicted and sent to serve jail or prison time.

Here are some of the most notable Canadian NCR cases:

Vincent Li

Inwhat is likelyCanada's most notorious case of NCR,Vincent Li beheadedTim McLeanwhile the two passengers wereriding a Greyhound bus near Portage la Prairie, Man.,in July2008.Li's attack was unprovoked he said he heard voices telling him to kill McLean.In an 2012 interview, Li said he had believed he was chosen by God to save people from an alien attack and later understood the voices he heard as schizophrenia.Li, who changed his name to Will Baker,has lived in ahalfway house in Winnipeg and is looking for more freedom from theManitoba Criminal Code Review Board.

Trevor Kloschinsky

TrevorKloschinskywasfound not criminally responsible in the beating and stranglingdeath of retired RCMP officer RodLazenbyin 2012.Court heard thatKloschinsky, who bred dogs, thought Lazenby, who worked as abylaw officer,was stealing his animals. "He displayed a delusional system that he was being persecuted by a number of agencies and it had been going on for some time," forensic psychiatrist Dr. Sergio Santana testified. "He developed the idea that his victim planned to destroy him financially ... that Lazenby was a corrupt police officer."Kloschinsky wasactively psychotic at the time of the killing.

Guy Turcotte

Former QuebeccardiologistGuy Turcotte admitted to stabbingto deathhischildren, Olivier, 5, andAnne-Sophie, 3, butthe jury in his first trialin 2011returned a verdict of notcriminally responsible after 10 days of deliberations.The sagadrew international headlines and reignited the debate overcriminal responsibility in Canada. Eventually, an Appeal Court ordered a new trial, whereexperts on both sides agreed that hewas suffering fromanadjustment disorderwith symptoms of anxiety and depression.They differed on his state of mind, however, with defence expertssaying Turcotte was obsessed with suicide, mentally ill andincapable of telling right from wrong.Prosecution experts counteredthat he was in control and responsible for the acts. In 2015, ajury convicted him ofsecond-degree murder and Turcottewas sentenced to life in prison.

Allan Schoenborn

Allan Schoenbornwas found not criminally responsible due to mental disorder in the 2008 stabbing and smothering deaths of his childrenKaitlynne, 10, Max, 8, and Cordon, 5, inMerritt, B.C. In the trial, defence lawyers said Schoenborn was not criminally responsible due to mental illness but the Crown argued the killings were an act of revenge against their mother for refusing to renew their relationship.In 2015, Schoenborn wasgranted escorted outingsinto thecommunity, but the Crown is now seeking to have himdesignated a "high-risk accused." Iflabelled high-risk,Schoenbornwould lose privileges including access to escorted day passes. As well, his review hearings would take place once every three years, instead of every year. DaveTeixeira, aspokesman for the children's mother,DarcieClarke,saysthere havebeen48 documented incidents of violence duringSchoeborn'sincarceration, and that information presented at previous reviews indicates he has opted out of all treatment.Schoeborn's high-risk accused hearing began in May 2016 and will resume in June.

Luka Rocco Magnotta

Luka Rocco Magnotta was found guilty of first-degree murder on Dec. 23, 2014, marking another notable case in which a not criminally responsible defence was not successful. Magnotta was convicted of a total of five charges in the May 2012 death and dismemberment of Chinese exchange student Jun Lin. Magnotta admitted to causing Lin's death, but his defence lawyer argued that Magnotta was not of sound mind during the killing. Experts testified on his behalf that Magnotta is schizophrenic and was psychotic and out of touch with reality the night of the slaying. But prosecutor Louis Bouthillier said in killing Lin, Magnotta kept a promise made several months earlier to take the life of a human being.

Richard Kachkar

Richard Kachkar stole a snow plow in the early morning of Jan. 12, 2011 and in the middle of a two-hour rampage with it he hit and killed Toronto Police Sgt. Ryan Russell. Various witnesses heard him yell about the Taliban, Chinese technology and microchips. Psychiatrists concluded he was psychotic, but struggled with an exact diagnosis. He was found not criminally responsible and was ordered to be held in the secure unit of a mental health hospital near Toronto. The Ontario Review Board stirred controversy, however, by allowing Kachkar to take escorted trips into the community. The crown unsuccessfully appealed that provision, and the board recently renewed Kachkar's right to sojourns beyond hospital grounds.

Francis Proulx

Francis Proulx entered the home of Nancy Michaud, an aide to a Quebec cabinet minister, in 2008 and took her hostage while her two children slept. He took credit cards and banking information and shot her in the head. Proulx then had sex with her corpse. During his trial, he argued he was not criminally responsible because of a mental issue, saying he was on medication at the time of the crime. But he was convicted of first-degree murder and sentenced to life in prison with no chance of parole for 25 years. The Supreme Court of Canada refused to hear an appeal.

• Matthew de Grood says he's 'truly sorry' for killing 5 victims who 'never deserved to die'
• Read & watch moving statement from families of Matthew de Grood's stabbing victims