Magnotta trial: NCR defence, no get out of jail free card

December 24, 2014

An artist's sketch shows Quebec Superior Court Justice Guy Cournoyer instructing the jury at the murder trial for Luka Rocco Magnotta, Dec. 15, 2014 in Montreal.

Luka Magnotta (born Eric Clinton Kirk Newman) was found guilty of first degree murder in Montreal on Tuesday December 23, 2014 in the bewildering and horrific case where he killed and dismembered Concordia University student Jun Lin.

Magnotta’s counsel put forward the Not Criminally Responsible (NCR) defence as provided by section 16 of the Criminal Code of Canada. The jury was out for a nearly unprecedented 8 days of deliberation. There was clearly a lot for them to think about.

The law states that, “No person is 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 that it was wrong.”

Thanks to television and movies, many people think this is an easy defence put forward often and with great success. Nothing could be farther from the truth. The defence is very difficult to support. It requires psychiatric evidence and the psychiatrists who make the “NCR” assessment are very live to the possibility of manipulation by the accused. Generally the doctors look for a history of mental disorder as proven by external corroboration with previous diagnosies. Doctors hate relying on the patient’s word alone. As a result, the NCR defence is rarely on the table and even more rarely succeeds.

Obviously there is a lot of attention to the rare instances when it does work, but overall, the defence fails unless both the prosecution and counsel for the accused have confirmatory psychiatric evidence.

It is important, in the light of the Magnotta conviction, to remember that the NCR provisions of the Code exist for a legitimate reason and this conviction proves that they are not a get out of jail free card.

Lorne Goldstein is a partner at Abergel Goldstein & Partners, a Certified Specialist in Criminal Law and a part-time professor at the University of Ottawa Faculty of Law.






Commentary by the Ottawa Mens Centre

In Ottawa the most violent criminals have a "Free Pass" from the Ottawa Police providing they are female and are assaulting a father.

The Ottawa Police have what is called "Old School Policing" that's another name for when the Police become the Criminals and promote crime for their own make work projects.

Ontario has a Fascist Gender Superiority program that presently results in around 99% of mother's getting custody of children even when they are the most violent women in Ontario.

Ontario provides such mothers with unlimited legal funds with around 1.5 Billion Dollars a year of direct and indirect funding of what local lawyers called "The Gestapo" the unaccountable Children's Aid Societies of Ontario where lawyers like Ottawa's Marguerite Isobel Lewis personally fabricate evidence to assist Ontario's most violent mothers.

The Ottawa Police typically Fabricate Evidence NOT to charge violent women. Det. Peter Van Der Zander of the Ottawa Police is one example of an Ontario Rotten Cop who Fabricates evidence.

In one recent case, the officers observed a father with blood and scratch marks around his neck, his wife had pulled his head down by pulling his hair and placed what can only be described as a combat trained strangle hold.  

Det. Van Der Zander aware of the officers reports and a witness, fabricated in his report that this violent mother, "denied pulling his hair and attempting to choke him".

The Ottawa Police knowing that Van Der Zander Fabricated Evidence refused to supply the video of that interview in contempt of court orders. When it was finally obtained it showed that Van Der Zander never even asked her if she pulled his hair and or attempted to choke him.

While he was concerned she might kill him with a knife, he released her without charges and sent her home in a victim services car, so she could have another opportunity to call police first next time.

A classic story of the Corrupt Ottawa Police and their abuse of victims of abuse.

If you meet an Ottawa Cop, ask them what they think of the Corrupt Evidence Fabricating Det. Peter Van Der Zander.

Ottawa Mens Centre



IF Luka Magnotta (born Eric Clinton Kirk Newman) had been a female and had just murdered her own children or murdered her husband or hired a hit man to do it, "she" would be unlucky to be even charged.

The fact is in this case, the actions of Luka aka Eric Clinton Kirk Newman, were so deliberate and planned as to deny him the defense of NCR.

Society still has a lot to be worried about by those who are NOT NCR but suffer from extremely nasty personalty disorders.

Take Marguerite Isobel Lewis, a lawyer for a collection of psychopaths called the the Children's Aid Societies of Ontario where fabrication of evidence and child abuse is part of the job.

When psychopaths and or borderline personalities devoid of empathy and with a propensity to abuse children are given absolute Power, its a recipe for disaster.

Marguerite Lewis is apparently about to anointed a judge despite her incredible record as a professional Child abuser and fabricator of evidence.

Its so bad that its hard to walk down the corridor of the main floor of the Ottawa Court house without hearing several different clusters of lawyers all talking about the Criminal Acts of Marguerite Isobel Lewis.

If you think that is bad, spare a thought for when she fabricates evidence in front of a judge, you see, most of the Judges she gets are her former work mates, who used to Fabricate Evidence for the Children's  Aid Society as lawyers and now as Judges, the lowest forms of humanity like Timothy Minemma, a former lawyer for the CAS Kingston, now acts as a "Rubber Stamp" for the CAS and even Fabricates evidence personally as a judge.

Ottawa is riddled with Former CAS lawyers turned Judge where its a bit like the wolf being given a job of a security guard of the chicken coup.

That of course begs the question as to how and why psychopaths and borderline personalities get to be lawyers and later, after polishing their criminal abilities, they get to be judges.

The answer is that Ontario has NO psychological screening of lawyers before they become lawyers and or before or after they become judges.

Both groups are protected by layers of protection that effectively prevent any criminal liability or accountability in any form.

When it gets to the Judicial Council, they can even escape that organization by "retiring" which is what Monique Metievier did after she obstructed Justice to protect, Marguerite Isobel Lewis and her partner in crime, Tracey Engelking.

For that you can check Ottawa Police investigation, 13-72534

Ottawa Mens Centre