Where do I send my documents to complete my legal aid application?
You can 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.
Frequently Asked Questions
Applying for legal aid
13 Questions
Where do I apply if I have charges in another province?
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.
Where can I speak to a lawyer about my rights?
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…
What kind of help can I get if I’m in an abusive relationship?
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.
What can I do if I do not qualify for legal aid?
You can either hire your own lawyer or contact other services like the Law Society Referral Service or Justice Net.
I have court tomorrow and I do not have a lawyer. Who can help me?
You can talk to our lawyers (they are called duty counsel) at the courthouse when you go to court tomorrow.
I have been refused legal aid. Can I appeal the decision?
You can appeal if your legal aid application has been refused. You have 15 days after getting your notice of refusal or cancellation. If you are in jail or hospitalized, you have 45 days to submit your appeal. Learn more about the appeal process.
I have been charged and I need a lawyer. Can I get legal aid help?
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.
I have a family court matter. Can I get legal aid help?
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
How long after I send in my documents does it take to get a legal aid decision?
It can take up to five business days after we receive your information. If your case is complicated, it might take longer.
How do I apply for legal aid?
You can apply by: calling us at 1‑800渱668‑8258 Monday to Friday, 8 a.m. to 5 p.m. (The best time to call is between 9 a.m. and 10 a.m. You can find our current wait time on our homepage.) asking a legal aid worker, if you are in jail or a…
Children’s Aid contacted me. Can I get legal aid help?
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…
How do I let Legal Aid know who my lawyer is?
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…
COVID-19 FAQs
5 Questions
COVID-19 FAQs: Immigration and Refugee Law
On this page: Refugee claims Refugee appeals Judicial reviews Immigration detention Deportations Work Permits / Study Permits / Visitors Extension H&C Application / Pre-Removal Risk Assessment application Interim Federal Health Benefits Refugee claims I made a claim at the…
COVID-19 FAQs: Criminal
On this page: Legal aid services Court appearances Bail Jails 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? During this time, duty counsel offices at the courthouses are closed to…
COVID-19 FAQs: Family
On this page: Courts Access Support Serving documents Courts The courts are only hearing urgent matters. What counts as an urgent matter? The following are considered “urgent matters” in family court: anything relating to the safety of a child or parent anything about the…
COVID-19 FAQs: mental health
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…
COVID-19 FAQs: legal aid services
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 p.m. and we will ensure your application is processed…
Criminal law
39 Questions
When does sentencing happen?
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….
When do people typically enter into peace bonds?
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…
What is a sentencing hearing?
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…
What is a conviction?
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…
What to do before your first appearance at criminal court
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…
What is a Pre-Sentence Report (PSR)?
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,…
Firearm prohibitions
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…
Conditional sentence (“house arrest”)
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…
Conditional discharge
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…
What is a surety?
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…
What is a sentence?
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…
What are duty counsel?
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;…
When should an accused agree to enter into a peace bond?
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…
What will happen if a person who is on a peace bond breaks one of more of the conditions?
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.”…
What is a victim impact statement?
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…
What is a peace bond?
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…
What is a peace bond hearing?
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…
What is a joint submission?
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…
What is a finding of guilt?
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…
What happens in court if an accused wants to agree to a peace bond so that the Crown will withdraw the charge(s)?
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…
Restitution orders
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
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…
Is agreeing to a peace bond the same thing as pleading guilty?
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 (jail)
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…
Fine
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…
Driving prohibitions
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…
Do you have to deposit money if you agree to a peace bond?
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…
DNA orders
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 conditions
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…
Suspended sentence
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…
Intermittent sentence (“weekends”)
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…
Absolute discharge
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
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…
What should I do if I’ve been asked to make a charitable donation?
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…
Bail hearings
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…
What types of sentences can a judge impose after a finding of guilt is made?
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”)
Guilty pleas
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…
Criminal charge process
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…
Restraining orders
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…
Domestic abuse
2 Questions
What kind of help can I get if I’m in an abusive relationship?
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.
Restraining orders
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…
Family law
11 Questions
I have a family court matter. Can I get legal aid help?
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
Children’s Aid contacted me. Can I get legal aid help?
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…
Starting a family court case
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
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…
Simple divorce
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…
Child support
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…
Child custody
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 Custody is not about where the child lives. For example you could have sole custody and are the only…
Child access
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 custody and access. Custody is when you have the right to make decisions…
Mediation
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
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…
Questions about serving family court documents
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…
Finding and working with a lawyer
2 Questions
Where can I speak to a lawyer about my rights?
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…
Can I change my lawyer?
In rare cases, we allow you to change your lawyer. You must choose your lawyer carefully as we do not always allow you to change. Decisions to change your lawyer may take up to six weeks.
Immigration and refugee law
15 Questions
Where can I get help if my refugee claim was denied?
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.
I am new to Canada. Can I get legal aid help with my refugee claim?
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. Number us to see if you qualify.
I am being deported. Can I get legal aid help?
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.
Timelines for your refugee claim
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…
Appealing refugee decisions
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…
Documents to support your refugee claim
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,…
Before your hearing
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,…
Your refugee claim: before you get started
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…
Completing your Basis of Claim (BOC) form
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…
If your refugee claim is denied
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…
What is an admissibility hearing?
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…
Refugee law
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…
Links and resources for refugee help
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…
File and serve your application for a judicial review (Ottawa)
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…
File and serve your application for a judicial review (Toronto)
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…
Indigenous people
14 Questions
What are Gladue reports?
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 justice…
What does the Criminal Code and the Youth Criminal Justice Act say about the legal rights of Aboriginal people?
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.
Where are Gladue services available?
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.
What is a Gladue court?
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.
What is Gladue?
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 in the BC Legal Services Society Gladue Primer.
What has to happen before a judge can order an accused to be examined under the Mental Health Act?
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.
How is Gladue applied in Canadian courts?
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 and…
How does the Child, Youth and Family Services Act affect Aboriginal people’s family law cases?
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…
How do the Acts affect the sentencing of Aboriginal people in a criminal court case?
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….
Does Legal Aid Ontario offer legal services for Aboriginal people?
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 unique legal…
Are the rights of Aboriginal people different from other Canadians’ rights in family law cases?
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…
Why is it important that you self-identify as First Nations, Métis or Inuit?
The 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 principles are…
What does it mean for an Aboriginal person to self-identify?
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…
Where can I find legal services and resources for Aboriginal people?
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…
Mental health law
29 Questions
What is a treatment order and/or a treatment order hearing?
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…
Why aren’t Mental Health Act examinations used more often in criminal court?
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…
What is an NCR assessment?
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…
If someone is taken by the police to a hospital for a psychiatric examination, how long will they be in the hospital?
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…
What happens if an accused is found “fit” after a fitness hearing?
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…
What does “unfit to stand trial” mean?
“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…
How long is a treatment order for?
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.
How does a judge determine whether to order a fitness assessment?
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…
Mental Health Act examinations – What is the Mental Health Act?
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…
When will an NCR assessment usually be requested?
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…
When will a judge usually make a fitness assessment order?
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…
What is mental health diversion?
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…
What is mental health court?
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…
What is a fitness hearing?
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…
What is a “fitness to stand trial” assessment?
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…
What happens if an accused is found “unfit to stand trial” after a fitness hearing?
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…
What happens after an examination under the Mental Health Act is finished?
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…
What does NCR mean?
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)…
How long is an examination under the Mental Health Act for?
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.
How long is a fitness assessment for?
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…
Can the police take a person to a hospital for a psychiatric examination?
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…
Can duty counsel assist with getting an NCR assessment order?
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…
Can an accused on a fitness assessment order be forced to take medication or treatment?
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…
Can a judge use the Mental Health Act to order the psychiatric examination of an accused who is in jail?
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…
What happens in mental health court?
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…
If a person is taken to a hospital by the police for a psychiatric examination, can the hospital force them to take medication or treatment?
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.
What happens if the police arrest a person with mental health issues, and take them to jail and court?
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…
If an accused person with mental health issues is in jail, can they be released from jail to go to a hospital for a psychiatric assessment?
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…
What are the different types of psychiatric assessments judges can order for accused persons who are in jail?
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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