R v Swain, [1991] 1 S.C.R. 933 is a leading constitutional decision of the Supreme Court of Canada on certain rights of the mentally ill in their criminal defence. The case concerned a constitutional challenge of the common law rule permitting the Crown to adduce evidence of an accused's insanity and section 542(2) of the Criminal Code, which allowed for the indeterminate detention of an accused who is found not guilty by reason of "insanity". The Court held that both the common law rule and the Code provision were unconstitutional. As a result, the Court created a new common law rule that was constitutional, and Parliament created new laws of what to do with individuals who were found not criminally responsible by reason of a mental disorder. The parties to the case were the appellant, Swain, the respondent, the Crown, and the following interveners: the Attorney General of Canada, the Lieutenant Governor's Board of Review of Ontario, the Canadian Disability Rights Council, the Canadian Mental Health Association, and the Canadian Association for Community Living. Background In October 1983, Owen Swain was arrested for attacking his wife and children in a bizarre manner, and was charged with assault and aggravated assault. Later at the trial for the charges, Swain's wife testified that Swain was "fighting the air" and talking about spirits. Swain testified that at the time of the incident, he believed that his wife and children were being attacked by devils, and that he had to protect them. On November 1, 1983, Swain was transferred from jail to a mental health centre, where he was observed to be acting in a bizarre manner. He was prescribed with antipsychotic medications, and his condition improved rapidly. Swain was granted bail, released into the community, and continued to take his medication and see a psychiatrist. Swain remained out of custody until the conclusion of his trial. Trial Swain's trial took place on May 2, 1985 in the District Court of Ontario (which later became part of what is now known as the Ontario Superior Court of Justice). Applying the appropriate common law rule at the time, the court allowed the Crown to adduce evidence of Swain's insanity at the time of the alleged offence, over defence counsel's objections. At the end of the trial, Swain was found not guilty by reason of insanity. As a result of the court's finding, the Criminal Code