A Crime Victim's Guide to the Criminal Justice System
Mentally Disordered Accused
Mental capacity is an important issue in the criminal trial process. An accused person must be able to understand the purpose and
consequences of the criminal proceedings and be able to instruct counsel. If there is doubt about the accused person's ability to
do so, the issue of fitness to stand trial is raised. In other cases, the accused may be fit to stand trial, but may ask the court
to find that they are not criminally responsible on account of a mental disorder.
When these issues arise, the court will order a psychiatric assessment of the accused. A separate hearing will be held to
determine whether the accused is fit to stand trial or whether the accused was suffering from a mental disorder at the time of the
offence so they could not be criminally responsible.
If the accused is declared unfit to stand trial the matter will not proceed to trial at that time. In most cases the court may
order that the accused be placed in a psychiatric institution or released under supervision in the community. Placement in a treatment
program or institution can last for an indefinite period of time, but the individual will be reviewed annually and the Crown must
bring the case to the attention of the court every two years. If the individual becomes fit to stand trial, they may be put on trial
at that time.
If the accused was unable, because of a mental disorder, to understand the nature and consequences of their actions or that their
actions were wrong, they will not be held criminally responsible for the offence. This special verdict acknowledges that the accused
committed the offence, but finds the accused suffered from a mental disorder that made them incapable of appreciating the nature and
quality of their actions or that their actions were wrong.
When a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is made, the court or a review
board may hold a disposition hearing. The court or the review board must take into account the need to protect the public from
dangerous persons, the mental condition of the accused and their needs, and the reintegration of the accused into society.
If the court or review board finds that the accused is not a significant threat to the safety of the public, the accused may
receive an absolute discharge. Otherwise, the court or review board can discharge the accused subject to appropriate conditions or
direct that the accused be detained in custody in a hospital, subject to appropriate conditions. Victims may submit a written
statement describing the harm or loss suffered as a result of the offence. This information may be considered in determining
appropriate conditions.
The law presumes that everyone is fit to stand trial, and every person is presumed not to suffer from a mental disorder that would
exempt them from criminal responsibility. This means that either the defence or prosecution must raise the issue and prove that the
accused is unfit to stand trial or not criminally responsible.
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