Showing 1 - 10 of 29 results
Last updated March 11, 2020
Mental health diversion is a type of diversion. Mental health diversion involves a way of resolving or dealing with criminal charges in a manner that doesn’t involve a guilty plea or a trial. Usually an accused person will have to take responsibility for their actions. Just as…
Last updated March 11, 2020
Many courthouses across Ontario now have mental health courts. Mental health courts are criminal law courts created to help deal with accused persons who have mental health and other related issues. Depending on the courthouse that you are in, the mental health court may or may…
Last updated March 11, 2020
If an NCR assessment is requested by either the Crown or the accused’s lawyer, it will usually be after the accused has pled guilty or has been found guilty after a trial, and there is some evidence to suggest that they were suffering from a mental disorder at the time they…
Last updated March 11, 2020
NCR stands for “Not Criminally Responsible.” It is defined in section 16 of the Criminal Code. Section 16 of the Criminal Code states that a person is not criminally responsible for something that he or she did (or didn’t do, if they were legally required to do something)…
Last updated March 11, 2020
The senior physician (doctor) at the facility where the examination occurred must report, in writing, on the mental condition of the accused. The judge, the accused (or his/her lawyer) and the Crown all get a copy of the report. The report is often used to assist with sentencing…
Last updated March 11, 2020
Many different criminal court proceedings can happen in mental health court. Some mental health courts deal only with assessment orders or mental health diversion. Other mental health courts do almost everything, including bail hearings, guilty pleas, judicial pre‑trials, and…
Last updated March 11, 2020
No. There are too many serious long-term consequences that can come from an NCR assessment for duty counsel to assist with this type of matter. If either an unrepresented accused or the Crown is seeking an NCR assessment, duty counsel will not assist. An accused should have his…
Last updated March 11, 2020
An NCR assessment can be ordered by a judge to determine whether a person who was suffering from a mental disorder at the time they committed an offence was criminally responsible for his or her actions. Much like a fitness assessment, in most cases the person being assessed is…
Last updated March 11, 2020
Hospitals and psychiatric facilities are often full or nearly full of patients, so it is usually difficult to get a facility to agree to examine the accused. Also, fitness assessments and not criminally responsible assessments are often given priority at facilities over Mental…
Last updated March 11, 2020
An examination under s. 22 cannot be longer than two months. The judge can make the examination for a shorter period if he or she wishes. This is usually only an issue if an in‑custody examination order is made under section 22 of the MHA.
Showing 1 - 10 of 29 results
