Mental Disorder Review Board
Laws Governing the Mental Disordered Accused
The Criminal Code provisions in Part XX.1 apply to persons who are not criminally responsible on account of mental disorder or found unfit to stand trial due to their mental disorder.
In order for an accused to be found not criminally responsible by reason of mental disorder, it must be shown that the accused was incapable of either appreciating the nature and quality of the act or omission, or of knowing that it was wrong, as a result of suffering from a mental disorder at the time of the offence.
If tried for an offence and found not criminally responsible, the accused is neither convicted nor acquitted and, as a result, is not sentenced. Instead, a court or Review Board determines the appropriate disposition - an absolute discharge, a discharge with conditions or detention in hospital based on several criteria set out in the Criminal Code.
"Unfit to stand trial" is defined in the Criminal Code as unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so. The accused is also unable to understand the nature, object or possible consequences of the proceedings, or to communicate with counsel.
Where a person is found to be unfit to stand trial, the prosecution cannot proceed and the accused will be dealt with by the Review Board until found fit and returned to the court to be tried. In addition, an inquiry will be held by the court within two years after the verdict of unfitness and at least every two years thereafter until the accused is acquitted or tried, to decide whether there is sufficient evidence to put the accused on trial. The court may also order treatment not exceeding 60 days, if satisfied on the basis of medical evidence, that the proposed treatment will make the accused fit to stand trial without significant risk of harm. It must also be determined that without this treatment the accused is likely to remain unfit to stand trial.
