Not Criminally Responsible (NCR) Defence and Fitness (Accused) - High-Risk Accused (HRA) Designation

The Process at a Glance: The process starts with verifying whether the index offence is a serious personal injury offence as defined in subsection 672.81(1.3), the definition that section 672.64 applies. If eligible, the Crown must prove a substantial likelihood of violence or that the offence was of such a brutal nature as to indicate a risk of grave harm. Counsel prepares medical and expert evidence to contest these pathways. If designated, the client faces mandatory secure hospital detention and is barred from discharges and unescorted passes. Counsel monitors the client's progress to coordinate a referral for revocation under section six hundred and seventy-two point eight four.

Key Legislation and Case Law: The proceeding is governed by the Criminal Code (Justice Laws Portal), specifically sections six hundred and seventy-two point six four, six hundred and seventy-two point eight four, and subsection 672.81(1.3). The key authority is R. v. Schoenborn, 2017 BCSC 1556, in which the court refused a high-risk accused designation. Legal text and cases are searchable on CanLII (Canadian Legal Information Institute).

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