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What is mental health diversion?

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 mental health courts operate in many different ways,…

What happens in mental health court?

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 some trials for accused persons with mental health issues. Mental health courts are designed to deal…

What is mental health court?

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 not be called “mental health court.” These courts are…

Can duty counsel assist with getting an NCR assessment order?

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 or her own lawyer if this situation…

When will an NCR assessment usually be requested?

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 committed a criminal offence….

What is an NCR assessment?

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 sent to a secure psychiatric facility…

What does NCR mean?

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) if they were suffering from a mental disorder at…

Why aren’t Mental Health Act examinations used more often in criminal court?

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 Health Act (MHA) examinations. Unlike other types of assessments (such as fitness assessments),…

What happens after an examination under the Mental Health Act is finished?

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 the accused, but may be used for…

How long is an examination under the Mental Health Act for?

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