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
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
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
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
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
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
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
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