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…

Judges can make a fitness assessment order at any point from the time an accused first appears in court, right up to (or during) sentencing. Most fitness assessments are usually ordered shortly after an accused has made an appearance in bail court. In fact, if a fitness assessment is ordered, a bail hearing can’t occur…

“Unfit to stand trial” is defined in the Criminal Code. It means that the accused person is unable, because of a mental disorder, to defend against the charge(s) they are facing or to tell their lawyer what they want to do with their case. Specifically, “unfit to stand trial” means: The accused is not able to…

This type of assessment is probably the most common situation when a judge wants to determine whether or not an accused is “unfit to stand trial”. This type of assessment is usually called a “fitness to stand trial” assessment, or simply a “fitness assessment”, or a “Form 48”. If an accused is sent for this type…

There are several types of assessments that a judge can order for a person who is in custody (jail). The three most common types of these assessments are: fitness to stand trial assessments Mental Health Act assessments not criminally responsible (NCR) assessments Note: These assessments can also be ordered for accused persons who are not…

Yes, they can. Sometimes an accused person with mental health issues can be released on bail with conditions to address mental health concerns, or with a Form 1 or Form 2 order already in place. For example, there may be conditions such as: A condition requiring a psychiatric assessment to take place at a hospital or other…

The police can charge a person allegedly committing a criminal offence and hold them for bail. If the person is exhibiting mental health symptoms the court may have the person assessed. A person who has been charged with a criminal offence is called an accused. An accused with mental health issues does have a right…

No. However, the person can voluntarily agree to take medication or treatment. These types of examinations are meant for observation, but the hospital may offer the person the option of taking medication and/or other treatment during their stay.

Once a person is taken to a hospital for a psychiatric examination, the doctor who examines them must decide within three days (72 hours) whether to release them, or keep them in the hospital for a longer period of time. Until the doctor makes a decision, they are not free to leave the hospital. If the examining…

An officer can take a person into custody and take them to a hospital for a psychiatric examination if the officer believes that: The person has a mental disorder; and They are acting in a disorderly manner involving violence or a threat of violence to themselves or another person; and The person’s mental disorder is…