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Tuesday, September 22, 2026

10/3 podcast: Treatment or prison? What happens when a killer is found mentally ill

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A black and white photo of Ana Paula Kitterhing De Sousa smiling
Ana Paula Kitterhing De Sousa was fatally stabbed by her ex-boyfriend, Michael Calvo, in her home in 2023. Photo by Peter J. Thompson/National Post

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On average, about 20 homicide cases every year in Canada wind up with the killer being found not criminally responsible, and sentenced to mental health treatment instead of jail.

But how are these cases decided, and what is the fallout for families of the victims when the perpetrator isn’t sent to prison?

Emma Jarratt, a reporter with the Investigative Journalism Bureau, joins me to discuss key factors that are frequently present in cases where an accused is designated NCR, why the designation is seen as controversial, and what changes people are proposing.

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