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Please note that we will be closed on Monday, Oct. 2 to commemorate Truth and Reconciliation Day. Offices and the call centre will resume regular business hours on Tuesday, Oct. 3.

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  • Services
    • Temporary service changes due to COVID-19
    • COVID-19 and the courts: Answers to frequently asked questions
    • Our services
    • Criminal legal issues
    • Domestic violence
    • Family legal issues
    • Mental health legal issues
    • Refugee and immigration legal issues
    • Youth legal issues
    • Legal clinics
    • How to apply
    • Find a lawyer
      • Finding the right legal aid lawyer
    • What do you think about our services?
    • Languages
    • Contact us
  • For legal professionals
    • COVID-19: Ongoing list of supports for lawyers
    • LASA 2020 process updates for lawyers
    • Changes to policies and certificate coverage
    • Roster resources
      • Audit & Compliance
      • Billing
      • Case management
      • Forms library
      • Legal Aid Services Act, 2020 policies
      • Legal Aid Online
      • LAO LAW
      • Minimum experience requirements
      • More resources
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  • FAQ

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 trial” means:

  1. The accused is not able to understand that they are in a courtroom, who the people in the courtroom are (i.e., the judge, the Crown, their lawyer) and why they are there;
    OR
  2. The accused is not able to understand what they are charged with, what kinds of pleas they can enter (i.e., guilty or not guilty), what can happen to them if they plead guilty, or what can happen if they don’t tell the truth in court;
    OR
  3. The accused is not able to communicate with their lawyer and tell them, even in basic terms, what they want to do with their case.

If a judge has reasonable grounds to believe that any or all of 1, 2 or 3 are true, a judge will likely order a fitness assessment. An accused who is not “unfit to stand trial” is usually referred to in court as “fit to stand trial” or simply as “fit.”

The law assumes that every accused person is “fit”, unless it is determined by a judge, after a fitness hearing that the accused is “unfit to stand trial.” This is called the “presumption of fitness” and is in the Criminal Code.

To learn more about what happens in a legal matter if the accused is determined to be “unfit to stand trial”, visit Understand What Happens if You’re Still Unfit.

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What is a “fitness to stand trial” assessment?

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