In 1892 the nation of Canada was only a quarter of a century old. At the time, the Criminal Code did not allow the conviction of anyone deemed to have a “disease of the mind” (Criminal Code, s 16). Section 16, the Mental Disorder Defense, of the Criminal Code of Canada has remained largely unchanged for 100 years and has consequently failed to keep up with the times. As we now read, section 16 violates the Charter. Attempts to amend section 16 have failed in Parliament or been ineffective. It also provides citizens with a legal method to claim insanity while avoiding conviction. The Mental Disorders Defense Clause as currently read in the Canadian Criminal Code is flawed because it contains several critical loopholes. The mental disorder defense clause, or section 16 of the Criminal Code, not only violates the Canadian Charter of Rights but also basic humane treatment. The fairness with which the Crown can deem an individual unfit to stand trial or be sentenced to an indeterminate term of imprisonment can be traced back more than 30 years. The working paper The Criminal Process and Mental Disorder, prepared by the Law Reform Commission of Canada, argues that the dangers of inappropriate attitudes regarding the Lieutenant Governor's detention plan were just beginning in 1975 (The Criminal Process and Mental Disorder, 17). The Mental Disorder Project was launched not long after, in 1982. The project raised the issue of compliance with the Canadian Charter of Rights and Freedoms and the possibility for the Crown to sanction indefinite imprisonment without prosecutors having first established facie (first impression) of guilt. However this was due to the fact that the accused was mental...... middle of document ......PBdP/BP/prb9922-i.htm>.Criminal Code, RSC, 1985, c C-46 s 16. Web."Criminal responsibility: madness and automatism." . NP, July 23, 2013. Web. June 14, 2014. “Human Rights Review 2012.” . Np, 1 January 2012. Web. 14 June 2014. "Response to the 14th Report of the Standing Committee on Justice and Human Rights." Government of Canada, Department of Justice, Criminal Law Policy Section. Np, 26 September 2013. Web. 14 June 2014. .RVParks. 2 SCR 871. Supreme Court of Canada. 1992. Supreme Court of Canada. Network. June 14, 2014.RVSwain. 1 SCR 933. Supreme Court of Canada. 1991. Supreme Court of Canada. Network. June 14 2014.