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Lawyer says no options for schizophrenic man

Andrew Raven
Northern News Services

Yellowknife (Apr 20/05) - The justice system has no way to deal with mentally ill criminals and many will simply re-offend, said the lawyer for a schizophrenic man on Tuesday.

"We're throwing stones into a pool and expecting a tidal wave," said James Brydon. "We're simply not going to get it."

Brydon made the comments in a Yellowknife courtroom during a sentencing hearing for a 21-year-old man.

The man, diagnosed with schizophrenia, pleaded guilty to violating a court order after he barged into his mother's house March 4. He was heavily intoxicated at the time and vomited in an upstairs room before being arrested.

Brydon described the man as a "zombie" and said he refused to take medication for his condition.

"What (he) needs and what he is resisting, is treatment," Brydon said.

"This is a medical condition. It would be foolhardy to sentence him at all.

"So long as he is untreated, he will break the law."

During the sentencing hearing, the man appeared confused, barely spoke and twice pulled the hood of his sweater over his head. On both occasions Brydon reached over and pulled the hood down.

The criminal code does offer options for people who plead not criminally responsible - commonly known as insanity - but the man does not fit into that category, Brydon said.

"I wish I could plead him (not criminally responsible), but he knew what he was doing at the time," the lawyer said.

"There is no provision in the criminal code that can deal with him."

Chief Judge Brian Bruser agreed the criminal code offered few options.

"I cannot force treatment on you," said Bruser before imposing a 30-day jail sentence.

"This court cannot tell the government how to run its mental health system."