Psychiatric Gating: Questioning the Civil Committal of Convicted Sex Offenders

Yukimi Henry

ABSTRACT

This article critically examines the dangerous offender and long-term offender provisions of the Criminal Code as mechanisms for controlling the risks presented by dangerous sex offenders. This examination identifies the gaps in the current criminal sentencing regime and, thus, sets the context for understanding the state's resort to the mental health system to incapacitate sex offenders. This resort to civil procedures to detain convicted sex offenders after the expiration of their criminal sentences is known as "psychiatric gating." An evaluation of the caselaw on this issue elucidates the dangers of this process, not only to the integrity of the criminal and mental health systems, but also to the Charter rights of individuals subjected to this process.

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Citation: (2001) 59(2) U.T. Fac. L. Rev 229.
Copyright © 2001. University of Toronto Faculty of Law Review.
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