Mental Disorder Review Board
Conduct of Hearings*
In the normal course, the Board, in considering a particular disposition, will have before it counsel for the accused person, the accused person, and a representative from the Crown Attorney's office. While the Board has developed certain procedural rules for its hearings, it endeavours to conduct matters in as flexible and informal way as possible. In this way, the Board is of the view that it is able to focus on the accused, his or her condition and progress, rather than the finer points of procedure.
A number of the cases reviewed by the Board involve individuals who are detained at the Alberta Hospital in Edmonton. For these individuals, the Board attempts at least once a year to conduct its reviews at the facility so that the accused persons can appear personally and speak directly to the Board. In addition, the Board is able to hear from the psychiatric treatment team in the same fashion. For other hearings, the Board conducts hearings by conference call from Yellowknife.
Typically the Board will initially hear from the psychiatric team treating the accused if he or she is institutionalized, defence counsel and the accused and then the Crown. It usually then adjourns to consider its decision. The Board Chair prepares a Record of Proceedings, which details the evidence and submissions heard by the Board, as well as a Disposition, which sets out the Board's decision. If a committal warrant is required, it is also prepared by and signed by the Board Chair.
*Excerpt from Peterson, Katherine R. The
Northwest Territories Mental Disorder Review Board: Report
to the Honourable Charles Dent, Minister of Justice,
Government of the Northwest Territories. 2005
