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Mental Health Act examinations – What is the Mental Health Act?

Last updated March 8, 2023

Ontario’s Mental Health Act, like the Criminal Code, gives courts certain powers to have an accused person sent to a hospital for a psychiatric examination. It also gives police officers and doctors certain powers to have someone sent for a psychiatric assessment. At the same time, the Mental Health Act protects the rights of persons…

How long is a treatment order for?

Last updated March 8, 2023

Treatment orders can only be for a maximum of 60 days. In some cases the accused is returned to court after being made “fit” by the treatment before the 60 day period is up.

What is a treatment order and/or a treatment order hearing?

Last updated March 8, 2023

A treatment order, which is made by a judge, requires an unfit accused to be made fit to stand trial through psychiatric treatment. It is a unique circumstance where the accused does not have a choice in receiving treatment. Treatment orders almost always include a requirement for the accused to take some kind of medication….

What happens if an accused is found “fit” after a fitness hearing?

Last updated January 11, 2023

If an accused is found “fit” after a fitness hearing, the accused will continue through the system as any other person would. This means that they may seek to have a bail hearing, set a trial date, plead guilty or simply adjourn their case to another day. Even if an accused has been found “fit”…

What is a fitness hearing?

Last updated March 8, 2023

A fitness hearing is like a short trial where a judge decides whether or not an accused is “unfit to stand trial”. This occurs after the accused has been assessed by a psychiatrist, and has returned to court. Unlike an actual criminal trial, it is only necessary to prove the accused is unfit to stand…

Can an accused on a fitness assessment order be forced to take medication or treatment?

Last updated March 8, 2023

No, not unless they agree to it. However, they may be offered the option of taking medication and/or treatment during the time of their assessment. People often mistakenly believe that an accused with mental health issues can be ordered by a judge to be treated against their will. However, only accused persons who have been…

How long is a fitness assessment for?

Last updated March 8, 2023

The length of a fitness assessment mostly depends on whether or not the accused agrees with the order. If the accused agrees with the order (either personally or though his/her lawyer), then the order can be for up to 30 days, not including holidays and the time needed to transport them to and from the place…

How does a judge determine whether to order a fitness assessment?

Last updated March 8, 2023

In order to decide whether or not there are reasonable grounds to believe the accused is “unfit to stand trial” and order an assessment, the judge or the accused’s lawyer may ask the accused things like: Do you know what you’re charged with? Do you know what the job of the judge is? (Pointing to…


Showing 11 - 20 of 29 results