You can upload your documents to the client portal or send your documents by fax to 1‑877‑750‑2009 or mail to: Legal Aid Ontario 40 Dundas Street West, Suite 200 Toronto, ON, M5G 2H1 Include your client number on each page.
You must apply directly to the legal aid plan in the province or territory where the charges are being heard. If your charges are in Ontario, contact us at 416-979-1446 or toll-free at 1-800-668-8258.
If you need legal help on the day you are in criminal or family court, you can talk to our lawyers (they are called duty counsel) at the courthouse. If you have been arrested or are detained by police, tell the police officer you want to speak to a lawyer. The police officer will…
If you need urgent legal advice about a family issue or an immigration/refugee issue, call us right away or ask someone at a shelter or legal clinic about our two hours of free legal advice. You may also qualify to have a lawyer represent you in court.
You can represent yourself or hire your own lawyer. Even if you decide to represent yourself, it’s good to consult a lawyer for some guidance and advice. LAO’s lawyer search tool or the Law Society Referral Service can help you find a qualified family lawyer. These…
You can talk to our lawyers (they are called duty counsel) at the courthouse when you go to court tomorrow.
You can request a review if your legal aid application was refused. You have 22 business days from the date on your notice of refusal or cancellation. If you are in jail or hospitalized, you have 52 business days to request a review. Learn more about the appeal eligibility review…
If you financially qualify, and have a legal issue we cover, we will provide you with the service that is appropriate to your case. Call us to see if you qualify.
We might be able to help if you financially qualify and if: you are subjected to domestic abuse you want to separate from your husband, wife or partner you need to decide custody, support or access Children’s Aid has your children or contacted you
It can take up to five business days after we receive your information. If your case is complicated, it might take longer.
You can: apply online—currently only available for people who do not own any property and either: receive Ontario Works or Ontario Disability Support Program payments have no income are new to Canada are living in a shelter are incarcerated call us at…
If you financially qualify, then we can help you if you: want to see your children. want your children at home with you (you should call us as soon as you are contacted by Children’s Aid). are a family member or a member of the child’s Indigenous community and you…
You can ask us to reconsider a final decision if you have new information or a there has been a significant change in your circumstances. You have six months from the date of the refusal notice to send us your request for reconsideration.
If, when you apply, you have a lawyer you want to work with (and they do legal aid work), you can tell us when you apply for a certificate. If you choose a lawyer after you’ve received your certificate, you can call us to let us know who it is or you can give your…
Consent and declaration forms are signed by you, the applicant, to create an agreement about how you will work with LAO. For example, by signing the form, you are giving LAO permission to: Look at your financial information to make sure you are eligible to receive our services…
If you already have a client ID (CLT number), you will have 15 days to complete your application.
You will need: verification of OW/ODSP, if applicable (member ID or a recent stub picture) your client ID (starts with CLT), if you have applied for legal aid before. This is not required, but helpful in expediting the process.
The client portal is an existing online feature for clients. Clients have the option to sign up to electronically sign the Consent and Declaration (C&D) and view LAO application documents. On May 17, 2021, the client portal will allow Ontarians with specific legal needs and…
The client portal is available to use on all electronic, Wi‑Fi or data enabled devices (i.e. smart phones, tablets, and computers, etc.).
The following internet browsers are recommended: Apple OS – Safari 10.1, 12.x, 13.x Apple iOS – Safari 10.x, 11.x 12.x Windows – Google Chrome versions 58.x and 69.x Android – Google Chrome versions 6.x to 10.x Microsoft Edge – 39.14986, 42.17134, 42.18362…
As soon as the application is submitted. If further review is required, you will be notified through your portal account. You will receive email notification and/or can check status through your online portal account.
About 15 minutes. Less time is required if you are an existing LAO client because you will not be required to set up a profile and enter your personal contact information. If you are an existing client and need to update your contact information, you can do this in the portal.
If you named a lawyer on your application, the lawyer will be notified electronically via the solicitor portal. If a lawyer was not named, you can access your certificate number through your client portal account and provide it to your lawyer to look up via the solicitor portal.
LAO is looking for the same information you would have provided the last time you applied or updated your personal information. If you have moved or changed your phone number, please enter the old information that was originally provided to LAO. You can edit your information…
LAO requires a postal code to submit an application. If you do not currently have a fixed address, you may consider entering an address where we can send confidential documents, if required. (E.g. a shelter or a friend’s place.) If you need to look up the postal code,…
All of your questions have been saved. When you contact LAO you need to provide the ‘intake ID’ number that was provided to you during the online application. This will retrieve all your entries. The contact centre agent will help you complete the application and answer any…
p>You can create your own secure password but it must have the following to ensure it meets the security standards: Minimum 8 characters and maximum of 30 characters Minimum of 1 Capital letter Minimum of 1 number Minimum of 1 special character (e.g. !@#$)
Yes. You are able to submit an application for certain criminal, child protection, family, and immigration/refugee matters.
If you are having issues, please call Monday to Friday from 8 a.m. to 5:00 p.m. at 1‑800‑668‑8258 (or call 416‑979‑1446 if in Toronto). A contact centre agent will be happy to assist you.
It is very important that you continue to use your original client number. Be sure to check any documents you have previously received from legal aid, as your client number is noted on them. Your client number starts with CLT. If you still cannot find your client number, call the…
No. You must call the contact centre Monday to Friday from 8 a.m. to 5:00 p.m. at 1‑800‑668‑8258 (or call 416‑979‑1446 if in Toronto).
Phase one has specific criteria that needs to be met in order for applicants to be able to apply online. The applicant must: be in receipt of Ontario Works, or Ontario Disability Support Program, or have no income have a criminal defence, family, child protection or…
Simplify your search by entering just the key word and check the results (e.g. theft, assault). If you are applying for more than one charge, you can leave the one(s) you cannot find and your lawyer can contact LAO to have them added later. If you have only one charge and it…
If you are not comfortable with technology, you can speak with one of our contact centre agents. Please call 1‑800‑668‑8258 (or call 416‑979‑1446 if in Toronto) Monday to Friday from 8 a.m. to 5:00 p.m.
I have a legal problem and also experiencing domestic abuse. How can I get legal aid help during this COVID‑19 crisis? You can call us at 1‑800-668‑8258 from Monday to Friday from 8 a.m. to 5:00 p.m. and we will ensure your application is processed quickly to get you the…
On this page: Legal aid Refugee claims Refugee appeals Immigration detention Deportations Work Permits / Study Permits / Visitors Extension H&C Application / Pre-Removal Risk Assessment application Interim Federal Health Benefits More information Legal Aid Can I still get…
On this page: Legal aid services Court appearances Jails More information Legal aid services I need legal advice about my criminal case. Can I go to the duty counsel office at the courthouse to speak to someone? In-person criminal law services are available at Legal Aid…
On this page: Courts Support Serving documents More information Courts What kind of matters are the courts hearing? The easing of public health measures means increased capacity for courts to return to in-person proceedings. Visit ontariocourts.ca to find out what method…
Is the Consent and Capacity Board (CCB) still holding hearings during the COVID-19 crisis? Yes, but all hearings are now over teleconference with some limited availability for videoconferencing. Details for the remote hearing will be shared in your Notice of Hearing document….
In most criminal cases, sentencing usually takes place right after an offender has pled guilty or been found guilty after a trial. In some cases, the judge will not impose a sentence right away, but will instead adjourn the case to a later date for a sentencing hearing….
The two most common situations where people enter into peace bonds are: An accused agrees to enter into a peace bond because the Crown will agree to withdraw their charge(s) if they do so. This is the most common situation OR A peace bond hearing is held, and a judge or justice…
A sentencing hearing is where an offender is given a sentence by a judge. It may take place right after an offender has pled guilty or been found guilty—or it may be days, weeks or months afterward. Sentencing hearings can be very short (sometimes only a few minutes) or…
An offender who has a conviction registered against them will have a criminal record and will have to apply for a pardon to have the conviction removed. If a judge makes a finding of guilt and gives any sentence other than an absolute discharge or a conditional discharge, a…
Whether you’re released by the police or on bail, you will get a piece of paper called a release document that gives you the: date time location of your first court date What is first appearance? This is not your trial date. This is when you go to court to find out about the…
A Pre-Sentence Report (PSR) is a report prepared by a probation officer to help the judge decide what sentence to give. It is used to find out about an offender’s background. If a judge orders a PSR, a probation officer will interview the offender, the offender’s family,…
If an offender is found guilty of certain criminal offences, the judge may make an order preventing them from having things like guns, cross‑bows or ammunition for a period of time. Usually a firearms prohibition is for a number of years, but it can be for life. Criminal…
A conditional sentence is an imprisonment (jail) sentence, except that the offender serves the sentence outside of jail, under strict, jail‑like conditions. Conditional sentences are sometimes called “house arrest,” because they often require an offender to spend all or…
A conditional discharge is similar to an absolute discharge because a finding of guilt is made, but no conviction is registered. What makes it different from an absolute discharge is that there are conditions that the offender must follow. The conditions always come in a…
A surety is a person who comes to court and promises to supervise an accused person while they are out on bail. A surety also promises an amount of money to the court if the accused doesn’t follow one or more of the bail conditions or doesn’t show up to court when…
A sentence is the penalty that is given to an offender who has pled guilty or who has been found guilty after a trial. A sentence is different from diversion or a peace bond because the judge must make a finding of guilt before a sentence can be given. Lawyers and judges will…
Duty counsel are lawyers provided by Legal Aid Ontario who can assist you on the day that you are in court. If you do not have a lawyer and you are in court, duty counsel may be able to help you by: Giving you advice about your legal rights, obligations and the court process;…
The decision to enter into a peace bond or not depends on a lot of different things and is different in each case. Factors like the strength of the Crown’s case, personal circumstances, and risks of losing the case at trial are all things that might be considered. The decision…
If one or more of the conditions of a peace bond are broken, either by not obeying one of the conditions or by getting charged with a criminal offence, the person can be charged with a separate criminal offence of “breach of recognizance” or “disobeying a court order.”…
Some sentencing hearings involve a Victim Impact Statement (VIS). A VIS is usually written by the victim. This is done to allow the victim an opportunity to describe how they have been affected by the criminal offence. It can be read aloud by the victim or Crown or simply…
A peace bond is a court order to keep the peace and be on good behaviour for a period of time. This essentially means that the person must not be charged with a criminal offence. Peace bonds often have other conditions too, such as not having any weapons or staying away from a…
Sometimes a person can be required to attend court for a peace bond hearing. This usually happens where a person has not been charged with an offence but a complaint has been made and the court requires them to respond to the complaint. The person making the complaint is called…
A joint submission is when both the Crown and the offender’s lawyer (or duty counsel) agree on the sentence they are asking the judge to give. In most cases, a joint submission will have been agreed to by lawyers in a resolution meeting. However, even when the lawyers have a…
A finding of guilt is a ruling made by a judge. A judge will make a finding of guilt in one of two situations: an accused has pled guilty and accepts facts that amount to a criminal offence; OR the Crown has proven at a trial that an accused committed a criminal offence. Except…
For an accused to enter into a peace bond, the following steps will typically occur in criminal court: The court clerk will read out the peace bond information (sometimes called an “810” after section 810 of the Criminal Code). This will probably sound very strange because…
A restitution order is an order to pay money to the victim of a criminal offence. It is different from a fine or a charitable donation. A restitution order is often made when the judge wants the offender to pay to repair or replace something that was damaged, or to compensate for…
Probation is a court order to do (or not do) certain things for a period of time. It is usually called a probation order. An offender who gets a conditional discharge or a suspended sentence will always have a probation order that they must follow. A probation order can also be…
No. A person does not plead guilty when they enter into a peace bond. There is no finding of guilt made or conviction registered if a person agrees to a peace bond. One of the reasons why a person may agree to enter a peace bond is to avoid a criminal record. While a peace…
Imprisonment is a jail sentence. After a judge gives a jail sentence, the offender is taken to jail and a conviction is registered against them. An offender has to apply for a pardon in order to have a jail sentence removed from their record. If an offender is sent to jail for…
If you have to attend criminal court in the Greater Toronto Area and you are looking for legal advice and assistance, there are options. If you qualify for legal aid, you can apply for a legal aid certificate and find a lawyer who accepts certificates by using the “Find a…
A fine is an amount of money that an offender must pay to the court. It is different from restitution or a charitable donation. If an offender is given a fine, they will have a conviction registered against them and will have to apply for a pardon to have the fine removed from…
If an offender is found guilty of certain criminal offences, the judge may prevent them from driving for a period of time. This is called a driving prohibition. If the offence is a “drinking and driving” offence the judge must impose a driving prohibition. Depending on the…
Generally, a person entering into a peace bond doesn’t have to deposit money with the court. However, they do need to pledge an amount of money to the court—usually $500 or $1000, but the amount can be higher or lower. A peace bond is a recognizance, similar to a recognizance…
A DNA order, made by a judge, allows the police to take a sample of bodily substances (such as saliva or blood) from an offender. The substance is taken for the purpose of creating a DNA profile, which is stored in a databank. The databank is maintained by the RCMP and can be…
Bail is when you are allowed to stay outside of jail while you wait for your case to go through the court system. Usually, there are rules known as bail conditions. You have to agree to follow these rules when you are out on bail. What types of bail conditions do I need to…
Like a conditional discharge, a suspended sentence involves following conditions in a probation order for a period of one to three years. The main difference between a conditional discharge and a suspended sentence is that an offender who gets a suspended sentence has a…
An intermittent sentence is a jail sentence that the offender serves in ”chunks” of time, instead of all at once. For example, if an offender gets an intermittent sentence, they may go jail on the weekends, (i.e., Friday night until Monday morning) but be out of jail…
An absolute discharge is the lowest‑level adult sentence that an offender can get. If an offender gets an absolute discharge, a finding of guilt is made but no conviction is registered, and they are not given any conditions to follow (i.e. a probation order). The…
Diversion is when you are offered a chance to do something like community service or counselling to have your charge withdrawn (which means it will be dropped permanently) or stayed (put on hold for up to a year). Sometimes, the Crown can see that a case does not need to be dealt…
It is up to you to provide proof of any charitable donation that you make. As with community service, a charitable donation must be made to a non‑profit community or charitable organization, not at a business or other type of for‑profit organization. Giving money to a…
A bail hearing is when a judge decides whether you should either be kept in jail or allowed to go back to the community while your case is in criminal court. After a bail hearing, you may get bail, which is a court order that lets you stay in the community while your case is…
There are several types of sentences that a judge can give an offender. The most common sentences are: Absolute discharge Conditional discharge Suspended sentence Probation Fine Imprisonment (jail) Intermittent sentence (“weekends”) Conditional sentence (”house arrest”)
You do not have to plead guilty. Remember: it is up to the Crown to prove beyond a reasonable doubt that you have committed an offence. This means that either a judge or a jury is absolutely certain that you broke the law and also knew you were breaking the law. If the judge…
If you cannot afford a lawyer, call us to find out if you’re eligible for legal help. If you qualify for legal aid, we may either cover the cost of a lawyer to represent you or you can visit one of our lawyers at court (they’re called duty counsel) who can give you some advice…
Are you worried that your partner or your ex will hurt you or your children? You can get a restraining order from a family court judge, which means that the person you’re getting it for won’t be able to: come within a certain distance of you and your children come within a…
If you have to appear in court remotely, you will need to know about the process for remote court appearances. This information should have been included with the documents your received after you were charged. If it was not, you can visit the Ontario Court of Justice website for…
For clients, the preferred way to submit documents to LAO is via the client portal. Not registered? Call us at 1‑800‑668‑8258 Monday to Friday from 8 a.m. to 7:30 p.m. (EST) for help in over 300 languages. Lawyers should use the lawyer portal…
If you or your lawyer do not receive documents from LAO within the timeframe below, you must let us know right away. Otherwise, we will consider the documents to have been delivered. A document sent from LAO by: Registered or regular mail is considered delivered seven days after…
If you need urgent legal advice about a family issue or an immigration/refugee issue, call us right away or ask someone at a shelter or legal clinic about our two hours of free legal advice. You may also qualify to have a lawyer represent you in court.
Are you worried that your partner or your ex will hurt you or your children? You can get a restraining order from a family court judge, which means that the person you’re getting it for won’t be able to: come within a certain distance of you and your children come within a…
We might be able to help if you financially qualify and if: you are subjected to domestic abuse you want to separate from your husband, wife or partner you need to decide custody, support or access Children’s Aid has your children or contacted you
If you financially qualify, then we can help you if you: want to see your children. want your children at home with you (you should call us as soon as you are contacted by Children’s Aid). are a family member or a member of the child’s Indigenous community and you…
For any family court case, there are Family Law Rules that have to be followed. In those rules, you can find out the exact steps of a case and what forms you will need to complete. Tip: the family court forms match the family law rule number. For example, rule 8 is about starting…
Serving court documents or “service” is when you give a copy of all the documents in your case to the other person in your case, who is known as the other party. You have to serve your documents to the other party because that person has a right to: know about a case that has…
A simple divorce is also known as an uncontested divorce, which is when you and your ex agree to divorce. This is different from a contested divorce, which is when you and your ex do not agree to all the issues raised by the divorce. This could include disagreements about child…
Parenting time (formerly access) is the right to visit—or be visited by—your children. It also means the right to get information on your child’s health, education and well being. People often get confused by decision-making responsibility (formerly custody) and parenting…
Decision-making responsibility (formerly custody) is about making major decisions about how to care for and raise your children. These decisions could include: Health care Religion or spirituality Education Decision-making responsibility is not about where the child lives. For…
Child support is the amount of money that one parent pays to the other parent to help pay for the costs of caring for the child. Usually, the “payor parent” either spends less time with the children or, if they spend an equal amount of time with the children, makes more…
Mediation is a process where a trained professional helps you and your ex to settle a variety of issues./ Mediation might be right for you if you have no concerns for your safety and you and your ex are both open to working together. Mediation is a good alternative to going to…
Separation is when you and your ex—you can either be married or common‑law—decide to live apart. If you’re married, being separated doesn’t mean your marriage has ended. A divorce is when a court officially ends your marriage. How do you “legally” separate…
What is service? What is serving documents? This is the process of giving a copy of the documents in your family case to the other party. What is personal service? It’s when the person who gives a copy of the documents does it in‑person and by hand-delivering a copy to…
If you need legal help on the day you are in criminal or family court, you can talk to our lawyers (they are called duty counsel) at the courthouse. If you have been arrested or are detained by police, tell the police officer you want to speak to a lawyer. The police officer will…
In rare cases, you can change your lawyer. However, it is difficult to do so, especially if work on your case has started. Once a lawyer has accepted the legal aid certificate issued to you, you must obtain permission from LAO to change lawyers. Before granting this permission,…
If you qualify for legal aid, we will pay for a lawyer. This lawyer has to accepts legal aid work (not all lawyers do legal aid work). You can search our Find a Lawyer tool to find a lawyer near you. Number us to see if you qualify.
If you qualify for legal aid, we will pay for a lawyer. This lawyer has to accepts legal aid work (not all lawyers do legal aid work). You can search our Find a Lawyer tool to help you find a lawyer. Call us to see if you qualify. Infographics Click here to download image….
If you financially qualify for legal aid, we will pay for a lawyer. This lawyer has to be somebody who accepts legal aid work (not all lawyers do legal aid work). You can search our Find a Lawyer tool to help you find a lawyer. Call us to see if you qualify.
The timeline for your claim depends on where you started your claim. If you are making a claim when you arrive at a Canadian land border, airport or a seaport, you will not have much time to complete your Basis of Claim (BOC) form and immigration forms. The timeline for…
Can I appeal? If your refugee claim is rejected, you might be able to appeal to the Refugee Appeal Division (RAD). However, you are not allowed to appeal if: If you are a designated foreign national (DFN) If your claim was withdrawn or abandoned If you arrived in Canada…
Keep your important deadlines in mind. You need to collect your documents and submit these 10 days before your hearing. You can also make changes to your Basis of Claim (BOC) form and other immigration forms you completed for your claim before this date. In addition,…
The Basis of Claim (BOC) form is an important part of your refugee claim. It explains who you are, what you are afraid of in your country and why you need refugee protection in Canada. Get legal help as soon as possible. If you are making a claim when you arrive in Canada, it…
Get a lawyer as soon as possible. If you do not take action, you could be deported very quickly. If you are not eligible for an appeal to the Refugee Appeal Division (RAD), you can apply for a judicial review at the Federal Court. Only a lawyer can represent you at Federal…
An admissibility hearing can be held to decide if you are allowed to come into or stay in Canada, if you are a permanent resident or foreign national. Admissibility hearings can be started for these reasons: criminal convictions or proof you committed crimes outside Canada…
Legal Aid Ontario offers assistance with refugee and immigration matters. Find out more The following categories outline what you will need to make a refugee claim, important deadlines you will need to keep in mind, and helpful resources to get you started: Timelines The timeline…
Take the copies of applications for judicial review to the Registrar’s Office of the Federal Court of Canada. It is located at 90 Sparks Street (Sparks & Metcalfe), 5th Floor. You will have to pay a $50 filing fee; Once the Registrar gives your applications…
Take the copies of applications for judicial review to the Registrar’s Office of the Federal Court of Canada. It is located at 180 Queen Street West, Suite 200, (corner University Ave), 2nd Floor. You will have to pay a $50 filing fee; Once the Registrar…
Legal aid and lawyers: Legal Aid Ontario (LAO): Services are provided to eligible refugee claimants by private bar and LAO staff lawyers, and are also available at some legal clinics. Services include Basis of Claim form preparation, representation at refugee hearings, at the…
This section will give you an overview of what you need to know before you start your refugee claim. 1. Get legal help It is very important for you to get legal help right away with your refugee claim. You have a few choices: Lawyers You can find a private lawyer. You can contact…
Documents are an important part of your claim. They will help prove who you are, how you came to Canada, why you are making a refugee claim and why your refugee claim should be accepted. While it can be very helpful to have documents to confirm every part of your refugee claim,…
Gladue reports and plans contain information on the unique circumstances of Aboriginal people accused of an offence or Aboriginal offenders. The court can consider these reports during sentencing. Sentencing in the Gladue court focuses on restorative justice and community…
Gladue-related services are offered at courts in Toronto, Hamilton, Brantford, the Waterloo-Wellington area, London, and Sarnia. In Toronto, London, and Sarnia there are dedicated Gladue courts. There are also Aboriginal Courtwork programs in many courts across Canada.
The Criminal Code and the Youth Criminal Justice Act both consider the unique, or special, legal status of Aboriginal people in Canada. The Criminal Code considers the over‑representation of Aboriginal people in the Canadian criminal justice system.
A Gladue court handles the cases of Aboriginal people who have been charged with a criminal offence. The Gladue court proposes sentences that are more in line with Aboriginal traditions than jail, such as community justice programs.
Gladue refers to a right that Aboriginal people have under the Criminal Code. Gladue applies to all Aboriginal people who self-identify as First Nations, Métis, or Inuit. In-depth information about Gladue is available from Legal Aid BC’s Gladue and You.
For a judge to make an order under section 21 or 22 of the Mental Health Act, two things must happen: the judge must have reason to believe that the accused has a mental disorder; and the psychiatric facility where the examination will take place must agree to do the examination.
In 1999, the Supreme Court ruled in R v. Gladue that courts must consider an Aboriginal offender’s background when he or she is being sentenced for a crime. Factors that are considered include discrimination, physical abuse, separation from culture or family, or drug…
The Child, Youth and Family Services Act considers the unique legal status of Aboriginal people in Canada. In family law issues, parts of the Act take into account the family’s Aboriginal culture and heritage in deciding the “best interests” of a child. This means that…
The courts have decided in previous court cases, such as Gladue, that when sentencing an Aboriginal offender judges should: consider all available sentences other than jail time that are reasonable, and pay particular attention to the life circumstances of Aboriginal offenders….
Legal Aid Ontario (LAO) provides eligible Aboriginal people with family and criminal law services. To provide the best service possible, lawyers who represent Aboriginal legal aid clients in criminal matters must take special training to make sure they understand the…
In some areas of family law, Aboriginal people have different rights under the Child, Youth and Family Services Act. In many other areas they have the same rights as other Canadians. Court decisions about caring for children, parenting orders, guardianship, child and spousal…
Criminal Code, Youth Criminal Justice Act and Child, Youth and Family Services Act all have parts that consider the special legal status of Aboriginal people in Canada. If you self-identify as Aboriginal, your lawyer can make sure that Gladue factors and…
If you are an Aboriginal person entering the justice system, you should identify yourself as a First Nations, Métis, or Inuit person so duty counsel or your lawyer can follow the areas of law that deal with Aboriginal rights. In other words, you should tell duty counsel or…
There are many community-based legal services and resources available for Aboriginal people in Ontario. Aboriginal Legal Services Operates legal-related programs for Aboriginal people in Toronto. Human Rights Legal Support Offers legal assistance to people in communities across…
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…
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…
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…
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…
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…
“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…
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.
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…
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…
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…
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…
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…
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…
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…
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…
If an accused is found unfit to stand trial after a fitness hearing, the regular criminal law process remains on hold. An accused person who is unfit to stand trial is often in a difficult position, as they are unable to move forward and deal with the charge(s) by setting a trial…
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…
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)…
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.
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…
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…
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…
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…
Yes. Under section 22 of the Mental Health Act (MHA) a judge can order an accused who is in custody to be admitted to a psychiatric facility for an examination. If the accused has not been released on bail, the accused will remain in custody during the examination. A judge can…
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…
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.
Depending on the situation, the police may charge a person who has mental health issues with a criminal offence and hold them for bail. A person who has been charged with a criminal offence is called an accused. An accused with mental health issues does have a right to a bail…
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…
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…
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