Mental Health and the Legal System

Criminalization of people with mental illness is a growing concern in Ontario, as the number of people with mental illnesses who come into conflict with the law is increasing by approximately 10% per year. People with mental illness are more likely to be arrested for nuisance type offences, to be remanded in custody for these minor offenses, and they spend a disproportionate amount of time awaiting sentencing.

Over the past few years, the Ontario government has made significant investments into community mental health to direct those accused of minor charges out of the criminal justice system.

While we applaud these investments, there is still much to do. Currently, 15% to 20% of people in Ontario jails have a mental illness, and about one-third of these have a serious mental illness such as schizophrenia. Jails are not the place to treat individuals with a mental illness. Although diversion is critical for people who commit minor offenses, the needs of mentally ill people currently in jails can not be overlooked.