Many years ago, I was chaplain in a mental health hospital. It was probably one of the most discouraging and most interesting pieces of ministry I have done through the years.

I had an office in the basement, which was shared with the visiting Roman Catholic priest. I never saw him, but I know he had been in because there were bits of paper moved on the desk.

We shared a big, heavy brass key. It was the key that fitted all the locks to the wards in the hospital. I called it the Key to the Kingdom. It meant, at the end of the day, having passed from unit to unit, I had the freedom to go home. The people without the key could not.

One of the units was one of two forensic psychiatry units in the province. This was the place where those who had been found not criminally responsible or NCR for their actions were held.

People who are found NCR are in the news these days. The federal government is changing the legislation under which people found NCR are held. Under the banner of increasing public safety, the proposed legislation makes some significant changes in how we understand people who are not criminally responsible.

This worries me.

I first met Terry in the forensic psychiatry unit. He was being held under a Lieutenant Governors Warrant, which was reviewed annually. I got to know Terry are a simple man, physically large. He was always highly medicated. He was reputed to have been a very dangerous offender, although I never felt at any risk in his presence, even in a closed room.

Over time, Terry trusted me and asked me to speak at his next review hearing.

The hearing was informal, with three panellists, including a psychiatrist, a lawyer and a member of the public.

There was no rush.

Terry was asked to leave and I was asked to stay. One panellist asked me a very direct question. “Could you see Terry living in your community?” I said, “No. We do not have the supports in place for him nor could he cope with the outside world.” The panel thanked me and said they would inform Terry of their decision.

Needless to say, his confinement was continued.

The process was reasonably fair, allowed the person and their representative to speak, and in a small way, through my voice, heard from the community. The focus was on the medical condition of Terry. There was no sense of punishment or criminality. It was clearly recognized that he suffered from severe mental illness. While there were improvements, they were not sufficient to allow the committee to change his terms of being confined.

The new legislation places much more emphasis on community safety and upon the actions of the offender, which are deemed to be criminal in nature. Yet the person has been found not criminally responsible. How can their acts be judged as criminal when they are not criminally responsible?

The shift in law which is being proposed is to focus on custody and not treatment. This appears to be the only section of law (and I am no lawyer) where a medical illness is described as criminal.

That troubles me deeply.

I don’t believe an illness should be made a criminal offense, even if the result is the most heinous and offensive behaviour.

I understand the pain and hurt and anguish of those affected by the actions of those found to be nor criminally responsible. But our response as a society should not be to criminalize a medical condition.

There are better ways to deal with people who are mentally ill; let’s treat people with mental illness with the same respect and resources we have for cancer, heart attacks or diabetes. As a caring society, it’s the least we can do.

Rev. David Shearman is the minister of Central Westside United Church, Owen Sound and host of Faithworks on Rogers TV - Grey County