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 has been found “fit” to stand trial they may still be dealing with serious mental health issues. If this is the case, special court workers are often available to help.

These workers, who are often social workers, can help the accused with things like finding a place to live or getting counselling, but they are not lawyers and can’t represent the accused in court. In many courthouses in Ontario, there are special Mental Health Courts that are designed to deal with accused persons who have mental health issues (whether they are “fit” or not).