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Home World Canada

Not Criminally Responsible: Issues with the System for Offenders Who Avoid Jail

6 August 2026
in Canada
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Ana Paula Kitterhing De Sousa was fatally stabbed by her ex-boyfriend, Michael Calvo, in her Toronto home on October 15, 2023. De Sousa’s daughter, Raquel Almeida Margulies, became alarmed when her mother’s usual responses to texts ceased. The following day, police informed Margulies of her mother’s death. Calvo, who was declared “Not Criminally Responsible” for the killing due to a schizoaffective disorder and opioid use, will not face trial. This ruling, made by a court in October 2025, reflects a broader trend in Canada, where approximately three percent of homicides result in an NCR finding. Between 2018 and 2025, 159 homicides involved NCR perpetrators, with a significant number linked to failures in the healthcare system and mental health crises exacerbated by cannabis use.

Why It Matters

This case highlights critical issues within the Canadian criminal justice and healthcare systems, particularly regarding the treatment of mental illness. Data shows that women are disproportionately victimized in NCR cases, comprising 46 percent of victims despite representing only 25 percent of overall homicide victims. Furthermore, many perpetrators had recent contact with healthcare professionals, raising concerns about systemic failures in addressing mental health crises. The NCR finding underscores the complex relationship between mental illness and accountability in violent crimes, prompting discussions about the adequacy of mental health support and intervention strategies in preventing such tragedies.

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Tags: AvoidcriminallyissuesJailoffendersresponsiblesystem
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