Review Board for mental disorder

Role

The Tribunal has jurisdiction in respect of certain persons suffering from mental health problems. Its role, when it acts as a Review Board for mental disorder, is defined in the Criminal Code.

The role of the Review Board is to assess the danger that the accused represents for society, on account of his mental condition. Depending on the circumstances, it will decide whether the accused will be discharged (conditionally or absolutely) or detained in a hospital and establish measures to ensure the safety of the public.

 

If the accused is discharged conditionally or detained, the Review Board must conduct a review hearing at least once a year in order to determine whether his mental condition has changed over that time period and whether a different disposition is in order based on the new facts which have been submitted. This annual review is mandatory as long as the accused has not been discharged absolutely. To learn more, see Annual Reviews.

A person accused of having committed a criminal offense and who is suffering from a mental disorder is required to appear before the Review Board after having received, from a criminal court, a verdict of unfit to stand trial, or a verdict of not criminally responsible on account of mental disorder.

 

An accused will be declared "unfit to stand trial “if he does not understand either what he has been accused of or the consequences of being found guilty, or furthermore, if he is unable to communicate with his lawyer.

 

An accused will be said to be “not criminally responsible" for a criminal offense if, at the time he committed the offense, he was suffering from a mental disorder which prevented him from appreciating the nature and quality of his acts.



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