National Justice Survey 2009
Mental Health Disorders in the Criminal Justice System

Prepared by Charlotte Fraser and Norm Desjardins
Research and Statistics Division
Department of Justice Canada

Data collection by Decima Research

Contract #: 19040-090168-001-CY
Contract Date: October 9, 2009

CONTENTS

1. HIGHLIGHTS
2. OBJECTIVE
3. METHODOLOGY
   • 3.1 SAMPLING
4. RESULTS
   • 4.1 DEMOGRAPHICS
   • 4.2 PUBLIC CONFIDENCE
   • 4.3 KNOWLEDGE OF ISSUES SURROUNDING FITNESS TO STAND TRIAL AND CRIMINAL RESPONSIBILITY
   • 4.4 PREVALENCE OF ACCUSED AND VICTIMS WITH MENTAL HEALTH OR DEVELOPMENTAL DISORDERS
   • 4.5 LEVEL OF AGREEMENT QUESTIONS RELATED TO COMPETENCY
   • 4.6 LEVEL OF AGREEMENT QUESTIONS RELATED TO FITNESS TO STAND TRIAL AND CRIMINALLY RESPONSIBILITY
   • 4.7 APPROPRIATENESS OF PEOPLE OR PARTIES TO DECIDE WHETHER A TREATMENT FOR OFFENDERS IS FOLLOWED
5. APPENDIX A: RESPONSE RATE
6. APPENDIX B: WEIGHTING PROCEDURE
7. APPENDIX C: TELEPHONE AND ONLINE SURVEYS

HIGHLIGHTS

• There were 4008 respondents from the telephone sample and 1000 participants from the online sample.
• Respondents indicated that they perceived the prevalence of mental health or developmental disorders among accused persons to be approximately one-quarter.
• Respondents indicated that they perceived the prevalence of mental health or developmental disorders among victims of crime to be approximately one-quarter.
• More than three-quarters of respondents agreed that it is important for the court to take into account the mental health needs of victims who testify.
• More than three-quarters of respondents agreed that is it essential that people charged with a crime are able to understand what is going on and to be able to communicate with their lawyers.
• Approximately three-quarters of respondents agreed that it is important for the court to consider what the mental competency of people charged with a crime was at the time the crime was committed.
• Almost three-quarters of respondents agreed that in determining an appropriate sentence for people found guilty of a crime, it is important to consider what their mental competency was at the time when the crime was committed.
• Approximately half of respondents agreed that in determining an appropriate sentence for people found guilty of a crime, it is important to consider their level of mental competency at the time of sentencing.
• More than one-third of respondents agreed that people should not be convicted of a crime if their mental competency at the time of the crime prevented them from knowing what they were doing or that it was wrong, whereas more than one-thirdof respondents disagreed.
• Almost three-quarters of respondents agreed that there should be alternatives to the regular criminal court process for people charged with non-violent crimes who have mental health or developmental isorders. For violent crimes, only about half of respondents agreed  that there should be alternatives to the regular court process.
• More than three-quarters of respondents agreed that people who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for both violent and non-violent crimes should remain under the supervision of the justice or mental health systems indefinitely if necessary for public safety reasons.
• Approximately two-thirds of respondents agreed that people who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for a non-violent crime and are detained in a hospital should be reintegrated back into society when detention in a hospital is no longer necessary for public safety reasons. This figure was significantly lower (approximately one-third) for those charged with violent crimes.
• In terms of the appropriateness of a series of people or parties to decide whether a certain treatment for offenders with mental health or developmental disorders is followed, respondents were more likely to see a medical doctor, psychiatrist, and/or the Provincial Review Board system as appropriate than the offender or the family of the offender.

OBJECTIVE

In 2007, the Department introduced the Annual National Justice Survey (NJS) as a vehicle to collect in-depth, timely, and policy-relevant public opinion on current and emerging themes. The data are collected using the infrastructure of a public opinion research (POR) firm, but the design, analysis, and report writing are done in-house by the Research and Statistics Division. Each year, a theme is chosen based upon Departmental consultation.

The 2009 survey focused on mental health issues. Public opinion research has never been carried out on the topic of mental health in the criminal justice system. This research provides policymakers with a better understanding of how the public views mental health issues.     

METHODOLOGY

Respondents to the 2009 National Justice Survey were contacted using either a telephone or online sampling method which, in addition to the information collected, permitted a comparison of results between the two survey modes.

The sample was drawn from the ten provinces in Canada.[1] The data was weighted by region, age, education, income and gender (refer to Appendix B for a description of the weighting procedure). The telephone and online surveys are included in Appendix C.

For the telephone survey, a random digit dialling survey was conducted with 4008 Canadians 18 years of age and older. In order to randomly select a single respondent in multi-person households, the individual with the most recent birthday was selected. The telephone survey was in the field from November 16 to December 9, 2009. The average length of time required to complete the telephone survey was approximately 13 minutes.

The telephone survey response rate was 2.9%, which is considered low for industry standards for federal government public opinion research (refer to Appendix A for a description of how the response rate was calculated). Despite the low response rate, the telephone survey results are representative at the national level within +/- 1.6%, 19 times out of 20.

The online survey was broadcast to a total of 11,993 members of Decima Research’s eVox panel and 1,000 members participated. The online broadcast occurred on November 23, 2009 and the field was closed on December 8, 2009. The average length of time required to complete the online survey was approximately 10 minutes.The participation rate for the online survey was 8.4%, which is also considered low for industry standards. 

To assess the validity of the results, an analysis of demographics was compared to the 2006 Census information (published by Statistics Canada). The analysis found no significant differences between the telephone and online survey results and Census data for region, age, gender, income, and place of birth. There was a significant difference in education in that the telephone and online survey significantly over-represented people with more than high school education. Results from the telephone survey are representative of the Canadian population.[2] Given the non-probability based sampling method for the online survey, online results cannot be generalized to the Canadian population.

SAMPLING

^[1] Natural refers to the sample size that should naturally occur from random digit dialling; Over refers to the amount  oversampled to allow more robust regional analysis; Total is the final target sample size that was employed.

^[2] Based on the total samplesize. The telephone survey results are representative at the national level within +/- 1.6%, 19 times out of 20.

^[1] A margin of error cannot be calculated for a non-probability-based sample.

RESULTS

DEMOGRAPHICS

^[1]15% of the telephone sample did not provide their income and 20% of the online sample did not provide their income.

PUBLIC CONFIDENCE  

Figure 1. Confidence in Public Institutions in 2009 based on results from a nationally representative telephone survey.^[1]

 [Description]

^[1] Respondents were asked to rate their level of confidence in several public services on a scale from 1 (representing very low confidence) to 10 (representing very high confidence).  For the purposes of presenting the overall confidence levels, the ten-point scale was grouped into low confidence (1, 2, 3), moderate confidence (4,5,6,7) and high confidence (8,9,10).

Figure 2. Confidence in Public Institutions in 2009 based on results from an Online panel.^[1]

 [Description]

^[1] Respondents were asked to rate their level of confidence in several public services on a scale from 1 (representing very low confidence) to 10 (representing very high confidence).  For the purposes of presenting the overall confidence levels, the ten-point scale was grouped into low confidence (1, 2, 3), moderate confidence (4,5,6,7) and high confidence (8,9,10).

Figure 3. Changes in Public Confidence in the Adult and Youth Criminal Justice System from 2007 to 2009.^[1]

^[1] [Description]

^[1] Results from 2007 and 2009 represent the telephone survey only.  Results from 2008 represent results from both the online and telephone survey as it was not possible to distinguish the sample method.

KNOWLEDGE OF ISSUES SURROUNDING FITNESS TO STAND TRIAL AND CRIMINAL RESPONSIBILITY

^[1]The total N does not always equal 5008 due to missing variables (i.e., those who did not respond to a question(s).)

PREVALENCE OF ACCUSED AND VICTIMS WITH MENTAL HEALTH OR DEVELOPMENTAL DISORDERS

LEVEL OF AGREEMENT QUESTIONS RELATED TO COMPETENCY

^[1] Participants were asked to indicate their level of agreement with several statements, using a 7 point scale. Options were 1-7, with one representing strongly disagree and 7 representing strongly agree, with 4 as a true midpoint (neither agree nor disagree). For reporting purposes, results are presented in three categories (1-3 as disagree, 4 as neither agree nor disagree and 5-7 as agree). The total N does not always equal 5008 due to missing variables (i.e., those who did not respond to a question(s).

LEVEL OF AGREEMENT QUESTIONS RELATED TO FITNESS TO STAND TRIAL AND CRIMINALLY RESPONSIBILITY

^[1] Participants were asked to indicate their level of agreement with several statements, using a 7 point scale. Options were 1-7, with one representing strongly disagree and 7 representing strongly agree, with 4 as a true midpoint (neither agree nor disagree). For reporting purposes, results are presented in three categories (1-3 as disagree, 4 as neither agree nor disagree and 5-7 as agree). The total N does not always equal 5008 (4008 telephone; 1000 online) due to missing variables (i.e., those who did not respond to a question(s).

APPROPRIATENESS OF PEOPLE OR PARTIES TO DECIDE WHETHER A TREATMENT FOR OFFENDERS IS FOLLOWED

^[1] Respondents and participants were asked to indicate how appropriate it is for each of a series of people or parties to decide whether a certain treatment for mental health or developmental disorders is followed. This was rated on a 10 point scale with 1 representing the people or parties as “not at all appropriate” and 10 representing the people or parties as “perfectly appropriate”. For reporting purposes, those who reported 1-3 were considered “not appropriate”, 4-7 were considered “somewhat appropriate” and 8-10 were considered “perfectly appropriate”.

APPENDIX A - RESPONSE RATE

A response rate or level must be calculated for probability and attempted census surveys, while a participation rate or level must be calculated for non-probability surveys. The calculation for response rate for telephone surveys must be done as recommended by the Marketing Research and Intelligence Association (MRIA) which is an organization that provides standardized practices for all its member organizations to ensure consistent reporting industry-wide. The survey report must also show a record of contact dispositions that includes the categories required to comply with the MRIA calculation formulas. The same formula used to calculate response rate for telephone surveys should be used to calculate the participation rate for telephone surveys.

Calculation of response / participation rates following data collection begins with Total Telephone Numbers Attempted less any Invalid numbers (i.e., not in service, fax/modem, business/non-residential). From this figure the following phone numbers are categorized:

Unresolved (U)

• Line busy
• No answer, answering machine

In-scope - non-responding (IS)

• Household refusal
• Respondent refusal
• Language problem
• Illness, incapable
• Selected respondent not available (i.e., in order to randomize the sample identified as the resident with the birth date closest)
• Qualified respondent break-off

In-scope - Responding units (R)

• Language disqualify
• No one 18+ in the household
• Other disqualify
• Completed interviews

Response Rate is then calculated as follows:

R/(U+IS+R)

Calculation of participation rates begins with the:

Total number of sample units invited to participate (a)

• email addresses, online users etc.)

Invalid cases (b)

• Undelivered (includes bounce backs, etc.)
• Included only when data is available

Unresolved

• Did not respond (g)

In-scope – non-responding

• Qualified respondent break-off (e)

In-scope – Responding units

• Disqualified (f)
• Quota filled (h)
• Completed interviews (d)

Calculation of Contact Rate (non-probability surveys)

• Non-probability surveys can include access panels and convenience samples where the sampling units are not drawn from a well defined sample frame. The sampling method used could be random but the selection probability cannot be determined.
  1. Total invitations (broadcast or pop-ups)
  2. Undeliverables (nil in pop-ups)
  3. Net usable invitations (c= a-b)
  4. Total completes
  5. Qualified breakoffs
  6. Disqualified
  7. Not responded
  8. Quota filled

Participation rate = d/c

Refer to Table A and B for the telephone response rates and online participation rates, respectively.

APPENDIX B - WEIGHTING PROCEDURE

At the conclusion of the data collection and cleaning, Decima weighted the data by each stratum to reflect the actual proportions found in the population.  This ensures the findings from the research can be extrapolated to the entire population with accuracy.  Decima uses a standard procedure for calculating weighting factors, based on established methodological standards and extensive experience in sample weighting over literally hundreds of projects (including many for the Government of Canada).  This procedure involves calculating the actual population within each segment and the true proportion of the sample that would fall into each segment if the survey were conducted on strictly a random basis.  Into this number is divided the actual segment sub-sample to produce a weighting factor that is then used to “weight” the data for that segment.  While there are various ways of accomplishing this task, this procedure is the most straightforward and effective.

The strata selected for the project were as follows:

• Region (Atlantic, Quebec, Ontario, Manitoba/Saskatchewan, Alberta, and British Columbia)
• Gender, (male, and female)
• Age (18 to 34, 35 to 54, and 55 plus)
• Education (some high school only, completed high school/some university or college, completed college, completed university, completed graduate degree)
• Income (under $60,000, $60,000 to under $100,000, $100,000 and over)

The first step in this weighting process was to ensure, via the application of a weighting factor, that each region, age, and gender subset (i.e., Atlantic males, aged 18 to 34) of the completed survey population reflects the proportions found in the population.  Once the survey data was reflective of the population in terms of the region, age, and gender subsets we were able to calculate completed survey population proportions for education, and once again via a weighting factor, ensured the completed survey population reflects the proportions found in the population. The same process was then applied to using the income subsets.

APPENDIX C - TELEPHONE AND ONLINE SURVEYS

National Justice Survey: Mental Health Disorders in the Criminal Justice System
Final Questionnaire – Telephone Interviewing
November 18, 2009

INTRODUCTION

Hello, my name is ______.  I am calling on behalf of Decima Research, a public opinion research company.  We’re conducting a study for the Federal Government on issues of interest to Canadians.  Participation in the research is completely voluntary.  Your answers will be kept strictly confidential and will be used for research purposes only, in accordance with laws designed to protect your privacy.  This survey will take about 15 minutes.  Are you willing to participate? 

Yes	1	CONTINUE
No – not now	2	ARRANGE CALL BACK
No – refused	3	THANK AND TERMINATE

S1.   Are you a Canadian resident 18 years or older?

Yes – 18+ Canadian	1	CONTINUE
No – referral	2	ASK TO SPEAK WITH SOMEONE ELSE IN THE HOUSEHOLD; RETURN TO INTRO.
No – no referral	3	THANK AND TERMINATE

S2.   Do you or does anyone in your household work for an advertising or market research firm or for the media?

Yes	1	THANK AND TERMINATE
No	2
[DON’T READ] Don’t know / Refused	9	THANK AND TERMINATE

D1)   In what year were you born? [RECORD 4-DIGIT YEAR]

ii. [If refuse D1]: In that case, would you please tell me which of the following age categories you fall into?

18-24	1
25-34	2
35-39	3
40-44	4
45-49	5
50-54	6
55+	7
[DON’T READ] Don’t know / Refused	99

[DON’T ASK, RECORD:]

• Respondent’s gender

CONFIDENCE

1.      Please rate your level of confidence in each of the following Canadian public services.  Please use a scale of 1 to 10, where 1 represents “very low confidence” and 10 represents “very high confidence”.

1 – Very low confidence	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10 – Very high confidence	10
[DON’T READ] Don’t know / Refused	99

RANDOMIZE

1a) The public school system

1b) The health care system

1c) The mental health system

1d) The adult criminal justice system

1e) The youth criminal justice system

KNOWLEDGE

Throughout the survey we are going to use the term “mentally incompetent” and “mentally competent”.  For the purpose of this survey, mental competency is the degree to which people understand and can participate in court proceedings or understand if something is a crime. In other words, people who are mentally incompetent are lacking the normally expected level of understanding of court proceedings or understanding if something is a crime.

2. Based on your knowledge, please tell me whether the following statements are TRUE or FALSE:

True	1
False	2
[DON’T READ] Don’t know / Refused	99

      RANDOMIZE

2a) In order for a case to be heard in court, it is essential that people charged with a crime are able to understand what is going on and to be able to communicate with their lawyer.

2b) People will not be convicted of a crime if their mental competency at the time of the crime prevented them from knowing what they were doing or that it was wrong.

2c) People charged with a crime who are found mentally incompetent at the time of the crime OR at the time of trial are supervised by the justice or mental health systems, in a hospital if needed, until they no longer pose a significant threat to public safety.

PREVALENCE

3. At the time of the crime, what percentage of people charged with a crime do you think have mental health or developmental disorders?  Some examples of these disorders include schizophrenia, severe depression, low IQ, or Fetal Alcohol Spectrum Disorder. Please provide your best estimate.

[RECORD RESPONSE, AS %]	1
[DON’T READ] Don’t know / Refused	999

4. At the time of the victimization, what percentage of victims do you think have mental health or developmental disorders?  [IF NEEDED: Again, some examples of these disorders include schizophrenia, severe depression, low IQ, or Fetal Alcohol Spectrum Disorder. Please provide your best estimate.]

[RECORD RESPONSE, AS %]	1
[DON’T READ] Don’t know / Refused	999

OPINION

5.  Please indicate your level of agreement with the following statements.  Please use a 7-point scale where 1 represents “strongly disagree,” 7 represents “strongly agree” and a response of 4 means you neither agree nor disagree.

1 – Strongly disagree	1
2	2
3	3
4 – Neither agree nor disagree	4
5	5
6	6
7– Strongly agree	7
[DON’T READ] Don’t know / Refused	9

RANDOMIZE (IN BLOCKS WHERE NOTED; RANDOMIZE WITHIN BLOCKS)

5a)    It is important for the court to take into account the mental health needs of victims who testify in cases

5b)   In order for a case to be heard in court, it is essential that people charged with a crime are able to understand what is going on and to be able to communicate with their lawyer.

5c)    It is important for the court to consider what the mental competency of people charged with a crime was at the time when the crime was committed.

5d)   People should not be convicted of a crime if their mental competency at the time of the crimeprevented them from knowing what they were doing or that it was wrong.

5e)   [GROUP WITH 5f] In determining an appropriate sentence for people found guilty of a crime, it is important to consider what their mental competency was at the time when the crime was committed.

5f)     [GROUP WITH 5e] In determining an appropriate sentence for people found guilty of a crime, it is important to consider what their mental competency is at the time of sentencing.  

5g)    [GROUP WITH 5h]There should be alternatives to the regular criminal court process for people charged with non-violent crimes who have mental health or developmental disorders.

5h)   [GROUP WITH 5g]There should be alternatives to the regular criminal court process for people charged with violent crimes who have mental health or developmental disorders.

6. The next few questions are about when people charged with a crime are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder. These are decisions made by a judge working with a psychiatrist. Please indicate your level of agreement with the following statements.  Please use a 7-point scale where 1 represents “strongly disagree”, 7 represents “strongly agree, and 4 represents “neither agree nor disagree”.

1 – Strongly disagree	1
2	2
3	3
4 – Neither agree nor disagree	4
5	5
6	6
7– Strongly agree	7
[DON’T READ] Don’t know / Refused	9

RANDOMIZE (IN BLOCKS WHERE NOTED; RANDOMIZE WITHIN BLOCKS)

6a)    [GROUP WITH 6c] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for non-violent crimes should remain under the supervision of the justice or mental health systems, in a hospital if needed, indefinitely if necessary for public safety reasons.

6b)   [GROUP WITH 6d] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for a non-violent crime and are detained in a hospital should be reintegrated back into society when detention in a hospital is no longer necessary for public safety reasons.

6c)    [GROUP WITH 6a] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for violent crimes should remain under the supervision of the justice or mental health systems, in a hospital if needed, indefinitely if necessary for public safety reasons.

6d)   [GROUP WITH 6b] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for a violent crime and are detained in a hospital should be reintegrated back into society when detention in a hospital is no longer necessary for public safety reasons.

7.      Please indicate how appropriate it is for each of the following people or parties to decide whether a certain treatment for mental health or developmental disorders is followed.  Please rate each on a 10-point scale where 1 means that the person or party is “not at all appropriate” and a response of 10 means “perfectly appropriate” to decide whether a certain treatment for mental health or developmental disorders is followed.

[RANDOMIZE]

1. Medical doctor
2. Psychiatrist
3. The provincial Review Board, which includes at least one psychiatrist and is responsible for deciding what happens to people found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder
4. The person charged with the crime
5. The family of the person charged with the crime

1 – Not at all appropriate	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10 – Perfectly appropriate	10
[DON’T READ] Don’t know / Refused	99

DEMOGRAPHICS

Finally, I’d like to ask you some questions for statistical purposes.  As a reminder, your answers will be kept strictly confidential and will be used for research purposes only, in accordance with laws designed to protect your privacy.

D2)   What is the highest level of education that you have completed? [Choose only one response]

Some high school only	1
Complete high school	2
Some College / University	3
Completed College	4
Completed University	5
Complete Graduate or Professional Degree	6
[DON’T READ] Don’t know / Refused	9

D3)   Which of the following best describes your own present employment status? Are you…?  [Choose only one response]

Working full-time	1
Working part-time	2
Unemployed or looking for a job	3
Stay at home full-time	4
Student	5
Retired	6
Disability pension	7
[DON’T READ] Don’t know / Refused	9

D4)   In what country were you born?

Canada	1
[RECORD RESPONSE]	77
[DON’T READ] Don’t know / Refused	99

D5)   [If born outside of Canada] How many years have you lived in Canada?

[RECORD RESPONSE]	1
[DON’T READ] Don’t know / Refused	99

D6)   Which of the following best describes your current marital status?

Single and never married	1
Married	2
Living together or common law	3
Separated or divorced	4
Widowed	5
[DON’T READ] Don’t know / Refused	9

D7)   Are there any children under the age of 18 currently living in your household?

Yes	1
No	2
[DON’T READ] Don’t know / Refused	99

D8)   Which language do you most often speak at home?

English	1
French	2
Other: specify	98
[DON’T READ] Don’t know / Refused	99

D9)   Was your TOTAL HOUSEHOLD INCOME for 2008 under or over $40,000? [Interviewer note: if participant asks if you mean net or gross, say gross income.]

1	Under $40,000	SKIP TO D10
2	Over $40,000	SKIP TO D11
9	[DON’T READ] Don’t know / Refused	SKIP T0 D12

D10)   And would that be...?

1	Under $20,000
2	$20,000 to under $30,000
9	$30,000 to under $40,000

D11)  And would that be...?

1	$40,000 to under $50,000
2	$50,000 to under $60,000
3	$60,000 to under $70,000
4	$70,000 to under $80,000
5	$80,000 to under $100,000
6	$100,000 to under $120,000
7	$120,000 or more

D12)  Do you consider yourself to be…? [READ LIST; SELECT ALL THAT APPLY]

A member of a visible minority group	1
An aboriginal person	2
A person with a disability	3
[DON’T READ]None of the above	4
[DON’T READ] Don’t know / Refused	99

D13)  Have you or has a friend or a relative ever been charged with a crime? [Interviewer note: if the participant asks, it doesn’t matter how close/distant the relative is]

Yes	1
No	2
[DON’T READ] Don’t know / Refused	99

D14)  Have you or has a friend or a relative ever been a victim of a property crime? [Interviewer note: if the participant asks, it doesn’t matter how close/distant the relative is]

Yes	1
No	2
[DON’T READ] Don’t know / Refused	99

D15)  Have you or has a friend or a relative ever been a victim of a violent crime? [Interviewer note: if the participant asks, it doesn’t matter how close/distant the relative is]

Yes	1
No	2
[DON’T READ] Don’t know / Refused	99

[READ TO ALL] Our stats have shown that 1 in 5 Canadians have experienced a mental health condition in their lifetime. [INTERVIEWER NOTE: If respondent asks where the 20% figure is from, say it was from a Health Canada study conducted in 2002; offer to provide them the url if they are interested: http://www.phac-aspc.gc.ca/publicat/miic-mmac/pdf/chap_1_e.pdf]] [INTERVIEWER NOTE: if participant asks what counts as a “mental health condition”, please use the definition for “mental health disorder” provided in the glossary]

D16)  Have any of your family members experienced a mental health condition at some time? [Interviewer note: if the participant asks, it doesn’t matter how close/distant the family member is] 

Yes	1
No	2
[DON’T READ] Don’t know / Refused	99

D17)  Have you experienced a mental health condition in your lifetime?

Yes	1
No	2
[DON’T READ] Don’t know / Refused	99

[DON’T ASK, RECORD:]

• Province
• Urban/rural Area
• Language of interview

THANK YOU FOR PARTICIPATING IN THIS STUDY

National Justice Survey: Mental Health Disorders in the Criminal Justice System
Final Questionnaire – Online Interviewing

November 18, 2009

INTRODUCTION

Decima Research is conducting a study for the Federal Government on issues of interest to Canadians.  Participation in the research is completely voluntary.  Your answers will be kept strictly confidential and will be used for research purposes only, in accordance with laws designed to protect your privacy.  

This survey will take about 15 minutes.

Please click “NEXT” to continue.

S2.       Do you or does anyone in your household work for an advertising or market research firm or for the media?

Yes	1	THANK AND TERMINATE
No	2	CONTINUE

CONFIDENCE

1.   Please rate your level of confidence in each of the following Canadian public services.  Please use a scale of 1 to 10, where 1 represents “very low confidence” and 10 represents “very high confidence”.

1 – Very low confidence	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10 – Very high confidence	10
Don’t know / Refused	99

RANDOMIZE

1a)     The public school system

1b)    The health care system

1c)   The mental health system

1d)     The adult criminal justice system

1e)     The youth criminal justice system

KNOWLEDGE

Definitions for some of the terms used in this study will be available through mouse-overs.  A definition of any word that is blue is available if you roll your cursor over the term.  For example, mentally incompetent and mentally competent have mouse-over definitions.

Additional terminology can be found in the glossary, available by clicking on the “click here for a list of definitions” button at the bottom of your screen.  This glossary will appear as a pop-up window.

2.      Based on your knowledge, please choose whether the following statements are TRUE or FALSE.

True	1
False	2
Don’t know / Refused	99

RANDOMIZE

2a) In order for a case to be heard in court, it is essential that people charged with a crime are able to understand what is going on and are able to communicate with their lawyer.

2b) People will not be convicted of a crime if their mental competency at the time of the crime prevented them from knowing what they were doing or that it was wrong.

2c) People charged with a crime who are found mentally incompetent at the time of the crime OR at the time of trial are supervised by the justice or mental health systems, in a hospital if needed, until they no longer pose a significant threat to public safety.

PREVALENCE

3.  At the time of the crime, what percentage of people charged with a crime do you think have mental health or developmental disorders?  Some examples of these disorders include schizophrenia, severe depression, low IQ, or Fetal Alcohol Spectrum Disorder. Please provide your best estimate.

[RECORD %]	1
Don’t know / Refused	999

4.  At the time of the victimization, what percentage of victims do you think have mental health or developmental disorders?  Again, some examples of these disorders include schizophrenia, severe depression, low IQ, or Fetal Alcohol Spectrum Disorder. Please provide your best estimate.

[RECORD %]	1
Don’t know / Refused	999

OPINION

5.  Please indicate your level of agreement with the following statements.  Please use a 7-point scale where 1 represents “strongly disagree,” 7 represents “strongly agree” and a response of 4 means you neither agree nor disagree.

1 – Strongly disagree	1
2	2
3	3
4 – Neither agree nor disagree	4
5	5
6	6
7– Strongly agree	7
Don’t know / Refused	9

RANDOMIZE (IN BLOCKS WHERE NOTED; RANDOMIZE WITHIN BLOCKS)

5a)     It is important for the court to take into account the mental health needs of victims who testify in cases

5b)     In order for a case to be heard in court, it is essential that people charged with a crime are able to understand what is going on and are able to communicate with their lawyer.

5c)    It is important for the court to consider what the mental competency of people charged with a crime was at the time when the crime was committed.

5d)     People should not be convicted of a crime if their mental competency at the time of the crimeprevented them from knowing what they were doing or that it was wrong.

5e)  [GROUP WITH 5f] In determining an appropriate sentence for people found guilty of a crime, it is important to consider what their mental competencywas at the time when the crime was committed

5f)   [GROUP WITH 5e] In determining an appropriate sentence for people found guilty of a crime, it is important to consider what their mental competencyis at the time of sentencing.  

5g)   [GROUP WITH 5h]There should be alternatives to the regular criminal court process for people charged with non-violent crimes who have mental health or developmental disorders.

5h)   [GROUP WITH 5g]There should be alternatives to the regular criminal court process for people charged with violent crimes who have mental health ordevelopmental disorders.

6.  The next few questions are about when people charged with a crime are found Unfit to Stand Trialor Not Criminally Responsible on Account of Mental Disorder. These are decisions made by a judge working with a psychiatrist.

Please indicate your level of agreement with the following statements.  Please use a 7-point scale where 1 represents “strongly disagree”, 7 represents “strongly agree, and 4 represents “neither agree nor disagree”.

1 – Strongly disagree	1
2	2
3	3
4 – Neither agree nor disagree	4
5	5
6	6
7– Strongly agree	7
Don’t know / Refused	9

RANDOMIZE (IN BLOCKS WHERE NOTED; RANDOMIZE WITHIN BLOCKS)

6a)   [GROUP WITH 6c] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for non-violent crimes should remain under the supervision of the justice or mental health systems, in a hospital if needed, indefinitely if necessary for public safety reasons.

6b)     [GROUP WITH 6d] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for a non-violent crime and are detained in a hospital should be reintegrated back into society when detention in a hospital is no longer necessary for public safety reasons.

6c)    [GROUP WITH 6a] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for violent crimes should remain under the supervision of the justice or mental health systems, in a hospital if needed, indefinitely if necessary for public safety reasons.

6d)   [GROUP WITH 6b] People who are found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder for a violent crime and are detained in a hospital should be reintegrated back into society when detention in a hospital is no longer necessary for public safety reasons.

7.  Please indicate how appropriate it is for each of the following people or parties to decide whether a certain treatment for mental health or developmental disorders is followed. 

Please rate each on a 10-point scale where 1 means that the person or party is “not at all appropriate” and a response of 10 means “perfectly appropriate” to decide whether a certain treatment for mental health or developmental disorders is followed.

[RANDOMIZE]

• vi. Medical doctor
• vii. Psychiatrist
• viii. The provincial Review Board, which includes at least one psychiatrist and is responsible for deciding what happens to people found Unfit to Stand Trial or Not Criminally Responsible on Account of Mental Disorder
• ix.  The person charged with the crime
• x.   The family of the person charged with the crime

1 – Not at all appropriate	1
2	2
3	3
4	4
5	5
6	6
7	7
8	8
9	9
10 – Perfectly appropriate	10
Don’t know / Refused	99

DEMOGRAPHICS

Finally, the following questions are for statistical purposes only.  As a reminder, your answers will be kept strictly confidential and will be used for research purposes only, in accordance with laws designed to protect your privacy.

D2)  What is the highest level of education that you have completed? [Choose only one response] 

Some high school only	1
Complete high school	2
Some College / University	3
Completed College	4
Completed University	5
Complete Graduate or Professional Degree	6
Don’t know / Refused	9

D3)  Which of the following best describes your own present employment status? [Choose only one response]

Working full-time	1
Working part-time	2
Unemployed or looking for a job	3
Stay at home full-time	4
Student	5
Retired	6
Disability pension	7
Don’t know / Refused	9

D4)   In what country were you born?

Canada	1
Other: specify	77
Don’t know / Refused	99

D5)  [If born outside of Canada] How many years have you lived in Canada?

[RECORD RESPONSE]	1
Don’t know / Refused	99

D6) What are the first three digits of your postal code?

[RECORD]	1
Don’t know / Refused	999

D7) Which of the following best describes your current marital status?

Single and never married	1
Married	2
Living together or common law	3
Separated or divorced	4
Widowed	5
Don’t know / Refused	9

D8) Are there any children under the age of 18 currently living in your household?

Yes	1
No	2
Don’t know / Refused	99

D9)  Which language do you most often speak at home?

English	1
French	2
Other: specify	98
Don’t know / Refused	99

D10) Was your TOTAL GROSS HOUSEHOLD INCOME for 2008 under or over $40,000?

1	Under $40,000	SKIP TO D10
2	Over $40,000	SKIP TO D11
9	Don’t know / Refused	SKIP T0 D12

D11)   And would that be...?

1	Under $20,000
2	$20,000 to under $30,000
3	$30,000 to under $40,000
9	Don’t know / Refused

D12)  And would that be...?

1	$40,000 to under $50,000
2	$50,000 to under $60,000
3	$60,000 to under $70,000
4	$70,000 to under $80,000
5	$80,000 to under $100,000
6	$100,000 to under $120,000
7	$120,000 or more
9	Don’t know / Refused

D13)  Do you consider yourself to be…? [SELECT ALL THAT APPLY]

A member of a visible minority group	1
An aboriginal person	2
A person with a disability	3
None of the above	4
Don’t know / Refused	99

D14)  Have you or has a friend or a relative ever been charged with a crime?
(For the purpose of this question, it does not matter how close or distant the relative is).

Yes	1
No	2
Don’t know / Refused	99

D15)  Have you or has a friend or a relative ever been a victim of a property crime?
(For the purpose of this question, it does not matter how close or distant the relative is).

Yes	1
No	2
Don’t know / Refused	99

D16)  Have you or has a friend or a relative ever been a victim of a violent crime?
(For the purpose of this question, it does not matter how close or distant the relative is).

Yes	1
No	2
Don’t know / Refused	99

A Health Canada study conducted in 2002* showed that 1 in 5 Canadians have experienced a mental health condition in their lifetime.  

(* A report on this study is available at http://www.phac-aspc.gc.ca/publicat/miic-mmac/pdf/chap_1_e.pdf) 

D17)  Have any of your family members experienced a mental health condition at some time? (For the purpose of this question, it does not matter how close or distant the family member is).

Yes	1
No	2
Don’t know / Refused	99

D18)  Have you experienced a mental health condition in your lifetime?

Yes	1
No	2
Don’t know / Refused	99

THANK YOU

MOUSEOVERS

Mental competency / mentally competent: the person can understand and participate in court proceedings or understand if something is a crime.

Mental incompetency / mentally incompetent: the person does not understand the purpose or consequences of the court proceedings and does not understand if something is a crime.

Mental health disorder / mental health condition: A significant behavioural or psychological syndrome or pattern that occurs in an individual and that is associated with symptoms or disability.  Some examples include mood disorders, such as severe depression, anxiety disorders, such as panic disorder, personality disorders, such as paranoia, and psychotic disorders, such as schizophrenia.

Developmental disorders:  A significant syndrome or disorder that occurs before birth or during childhood affecting adaptive, self-help, mental, and/or social skills and which will continue for the life of the individual. Some examples include autism spectrum disorder, down syndrome, cerebral palsy, severe learning disabilities, low IQ, Fetal Alcohol Spectrum Disorder, traumatic brain injury and seizure disorders.

Unfit to Stand Trial: a judge or jury determined that at the time of the court proceedings the accused was not able to understand the purpose and consequences of the court proceedings or communicate with his or her lawyer.

Not Criminally Responsible on Account of Mental Disorder:  a judge or jury determined that the accused committed the offence; but that at the time of the offence the accused had a mental disorder that prevented him or her from appreciating the nature of the offence and did not know that it was wrong.

Violent Crime:  a crime where violence is used or threatened to be used on the victim.  Examples include robbery, murder, assault, and sexual assault.

Non-violent Crime:  a crime where there is no personal violence.  Examples include theft, break and enter, and possession of drugs.

GLOSSARY

Mental Competency. For the purposes of this survey, mental competency or mentally competent means that the person charged with the crime can understand and participate in court proceedings and understand if something is a crime.

Mental Incompetency. For the purposes of this survey, mental incompetency or mentally incompetent means that the person charged with the crime does not understand the purpose or consequences of the court proceedings and does not understand if something is a crime.

Mental Health Disorder. A significant behavioural or psychological syndrome or pattern that occurs in an individual and that is associated with symptoms or disability. Some examples include mood disorders, such as severe depression, anxiety disorders, such as panic disorder, personality disorders, such as paranoia, and psychotic disorders, such as schizophrenia.

Developmental Disorder. A significant syndrome or disorder that occurs before birth or during childhood affecting adaptive, self-help, mental, and/or social skills and which will continue for the life of the individual. Some examples include autism spectrum disorder, down syndrome, cerebral palsy, severe learning disabilities, low IQ, Fetal Alcohol Spectrum Disorder, traumatic brain injury and seizure disorders.

Low IQ. Also referred to as mental retardation. This is when a person has a lack of normal development of intellectual capacities.

Fetal Alcohol Spectrum Disorder. A range of permanent brain-based disabilities that occurs prior to birth as a result of maternal alcohol consumption during pregnancy and can affect the individual’s mental functioning. You may have previously heard the term Fetal Alcohol Syndrome which is included in this definition.

Schizophrenia. A syndrome characterized by abnormal thoughts, moods, and behaviour.

Severe Depression. Also referred to as major depressive disorder or clinical depression. A syndrome characterized by significant overall low mood including low self-esteem and loss of interest in pleasure or normal activities.

Violent Crime. A crime where violence is used or threatened to be used on the victim. Examples include robbery, murder, assault, and sexual assault.

Non-violent Crime. A crime where there is no personal violence. Examples include theft, break and enter, and possession of drugs.

Unfit to Stand Trial. It means that a judge or jury determined that at the time of the court proceedings the accused was not able to understand the purpose and consequences of the court proceedings or communicate with his or her lawyer.

Not Criminally Responsible on Account of Mental Disorder. It means that a judge or jury determined that the accused committed the offence; but that at the time of the offence the accused had a mental disorder that prevented him or her from appreciating the nature of the offence and did not know that it was wrong.

Indefinitely.  An undetermined amount of time or having no time limits.

Review Board. The Review Board is appointed by the Lieutenant Governor of the province under the Criminal Code to make or review the disposition of accused persons who have been found “unfit for trial” or “not criminally responsible by reason of a mental disorder”.  Every province has a Review Board which is made up of at least five members. The chairperson must be a judge, retired judge or person qualified to be appointed as a judge. There must be at least one licensed psychiatrist.

[1] The territories were excluded for logistical reasons. Use of household telephones and internet are lower in the Territories than the provinces. The population of the Territories in 2009 was 109,300 which represents 0.3% of the Canadian population (Statistics Canada 2009, Last accessed May 5, 2010 from http://www40.statcan.gc.ca/l01/cst01/demo02a-eng.htm).

[2] Results are generalizable to the population the survey was drawn from (i.e., the 91% of Canadians who have a household telephone).

[Image Description]

Long description for Figure 1: Confidence in public institutions based on results from the telephone survey. This is a vertical bar chart that illustrates the distribution of how respondents rated public confidence in specific public institutions. The Y-axis is measured in percentages and increases in increments of 20 from 0 to 100. The X-axis is divided into five categories. The X-axis lists the following categories from left to right: public school system, health care system, mental health system, adult criminal justice system, and the youth criminal justice system. Among telephone respondents, confidence was distributed as follows: Public School System – high 33.3%, moderate 58.7%, low 8%; Health Care System – high 33.2%, moderate 56.4%, low 10.5%; Mental Health System – high 15.6%, moderate 64.6%, low 19.8%; Adult Criminal Justice System – high 15.0%, moderate 62.5%, low 22.5%;  and the Youth Criminal Justice System – high 12.8%, moderate 58.7%, low 28.5%.

Long description for Figure 2: Confidence in public institutions based on results from the online survey. This is a vertical bar chart that illustrates the distribution of how respondents rated public confidence in specific public institutions. The Y-axis is measured in percentages and increases in increments of 20 from 0 to 100. The X-axis is divided into five categories. The X-axis lists the following categories from left to right: public school system, health care system, mental health system, adult criminal justice system, and the youth criminal justice system. Among telephone respondents, confidence was distributed as follows: Public School System – high 21.6%, moderate 61.5%, low 16.9%; Health Care System – high 22.3%, moderate 60.1%, low 17.6%; Mental Health System – high 7.1%, moderate 62.4%, low 30.5%; Adult Criminal Justice System – high 8.8%, moderate 56.8%, low 34.4%; and the Youth Criminal Justice System – high 8.0%, moderate 50.6%, low 41.4%.

Long description for Figure 3: Changes in moderate and high confidence in the youth and adult criminal justice system from 2007 to 2009. This is a horizontal stacked bar chart that illustrates changes in high and moderate confidence from 2007 to 2009 between the youth and adult criminal justice system. The Y-axis is divided into two categories. The top category on the Y-axis is the Youth Criminal Justice System and the bottom category on the Y-axis is the Adult Criminal Justice System. The X-axis is measured in mean percentages and increases in increments of 5 from 50 to 80. The mean percentage of high and moderate confidence for the Youth Criminal Justice System is 67% for 2007, 59% for 2008, and 71.5% for 2009. The mean percentage of high and moderate confidence for the adult criminal justice system is 76% for 2007, 70% for 2008, and 77.5% for 2009.