The Supreme Court of Canada Clarifies the Interpretation of the Insanity Defense in <i>R v. Bharwani</i>.

In Canada, the insanity defense is outlined in both legislation and judicial case law and finds original basis in M'Naughten's case. Federal jurisprudence in Canada has addressed the second and more complicated branch of the not criminally responsible on account of mental disorder (NCRMD) test on wrongfulness, yet legal ambiguity persists in provincial courts. A recent Supreme Court of Canada decision, <i>R v. Bharwani</i>, adds clarity. Finding agreement on the primary matter of fitness, the Court's dissenting opinion, delivered by two of its esteemed jurists and joined by a third, casts aside the <i>obiter dictum</i> of the court of appeal on NCRMD and was unrefuted by the majority. Thus, <i>Bharwani</i> resists easy classification as to its jurisprudential authority. We review the relevant case law and consider application of hybrid authority to the NCRMD portion of the <i>Bharwani</i> dissent.