Risk in Review: A Qualitative Investigation of Winko Criteria Interpretation in British Columbia Review Board Hearings

This thesis provided up-to-date findings on the practices of the British Columbia Review Board, the governing body that oversees disposition decisions for individuals who are found not criminally responsible by reason of mental disorder (NCRMD). Compared with an earlier study, this work gathered information on factors the Board includes in its decision making process, allowing for comparison to decisions made after substantial changes to Canada’s Criminal Code provisions surrounding NCR accused. A content analysis was performed on 24 written decisions, revealing that an individual’s mental illness and associated history, their medication compliance and insight, and their index offence were most frequently listed among justifications for a given decision.Overall, the findings imply that the Board is consistent in its decision making and follows Code mandate when it comes to balancing public safety and individual liberty, but may not be considering risk factors most strongly related to recidivism amongst NCR accused.