Forensic Mental Health System
What is a Forensic Assessment?
If your lawyer, the Crown Attorney, or the Judge thinks that mental illness was a factor in the crime that you have been accused of, a forensic assessment can be ordered.
The assessment would be to determine:
- If you are Fit to Stand Trial and/or
- If you are Not Criminally Responsible for your actions
Fitness to Stand Trial
A fitness assessment is done by a mental health professional and will determine if a person is “fit” to stand trial or “unfit” to stand trial.
The Criminal Code of Canada says that a person is unfit due to mental illness if:
1. You cannot understand the nature, object or consequences of what happens in court (person confused in court)
OR
2. You are unable to communicate with and instruct your lawyer (person talking to lawyer)
If you are Fit to Stand Trial, you are able to do these things:
- Know who is in the courtroom and what their job is (ex: what the judge does)
- Generally understand what happens in court (ex: potential outcomes at the end)
- Be able to communicate and instruct your lawyer
If you cannot do these things, you can be determined Unfit to Stand Trial.
The Judge might then make a Treatment Order to try to make you “fit” using medication and education.
If a judge orders a Treatment Order:
- You have to take the medication
- Can receive care in the hospital or community (depending on the situation)
- Treatment Orders are usually for 60 days
Outcome
If at the end of the treatment order, you are determined to be “fit” you will then go back to court to face your charges. If you are still “unfit” then you will be placed under the authority of the Ontario Review Board (ORB).
Not Criminally Responsible
If your lawyer, the Crown Attorney, or the Judge thinks that your mental illness might have impacted your actions at the time you committed a crime, a Not Criminally Responsible (NCR) assessment can be ordered.
The Criminal Code of Canada says that a person is NCR if your mental illness prevents you from:
- Understanding what you are doing (action)
- Knowing your actions were wrong
If the court decides that you are NCR:
- The court may hold a disposition hearing to determine what happens next (such as a discharge) OR
- You will be placed under the authority of the Ontario Review Board (ORB)
**Disclaimer: having a mental health challenge or developmental disability does not automatically mean that you will be considered unfit or NCR**
**There is a process to have one of the assessments ordered and the threshold to being deemed fit is very low.
