warrant it: Swain had been acquitted (by reason of insanity) and had been absolutely discharged. A new trial would be unfair to Swain, but entering a full acquittal would also be inappropriate. Therefore, the court entered a judicial stay of proceedings. Although the court's reasons found that the legislative scheme was unconstitutional, and therefore of no force and effect, the majority crafted a six-month transitional period to allow Parliament to create a new legislative scheme. The period was extended by the court to February 5, 1992. Aftermath As a result of the legislative scheme being struck down, Parliament created a new legislative scheme in 1992. The insanity defence was replaced with being found not criminally responsible by reason of a mental disorder". If a person was "not criminally responsible", the court is no longer required to automatically detain the person. Instead, the court can enter their own disposition or refer the person to the independent Review Board for disposition. The possible dispositions are: detention in hospital, conditional discharge, or absolute discharge. The new legislation requires that the least restrictive or onerous disposition be imposed, bearing in mind public safety, the mental condition of the accused, and the goal of reintegration into society. The role of the Lieutenant Governor in these decisions was abolished, and their decision-making duties were transferred to the Review Boards. See also List of Supreme Court of Canada cases (Lamer Court) References External links Canadian criminal procedure case law Section Seven Charter case law Section Fifteen Charter case law Supreme Court of Canada cases 1991 in Canadian case law