Role of the Commission d'examen des troubles mentaux (CETM)
When the Tribunal acts as the Commission d'examen des troubles mentaux (CETM), it renders decisions under the Criminal Code. Its decisions are binding, like those of a court.
What is its role?
Verdict of unfit to stand trial
To assess the accused’s mental condition and determine whether he or she has become fit to stand trial. If this is the case, the CETM orders that this person be sent back to the criminal court.
Verdict of not criminally responsible
To assess the threat posed by the accused to the safety of the public based on the accused’s mental condition. The Commission d'examen des troubles mentaux decides whether the person should be discharged, with or without conditions. If it decides that the person should be detained in custodyin a hospital, it determines the measures to be taken to ensure the safety of the public.
When the person accused is discharged subject to conditions or remains detained in custody, the CETM must hold a new hearing at least once a year to reassess the person’s mental condition. At each hearing, the CETM will determine whether a different disposition should be rendered. The annual review is no longer necessary if the accused becomes fit to stand trial or receives an absolute discharge.
To learn more about the CETM, consult the Commission d'examen des troubles mentaux Guide.
To learn more, consult the section Review of dispositions.
Who appears before the CETM?
A person charged with a criminal offence must appear before the CETM when a criminal court judge finds that the person is:
Unfit to stand trial
The person does not understand what he or she has been accused of, the possible consequences of the criminal charges, or is unable to communicate with his or her lawyer to conduct the person’s defence. As no trial has been held, the person is still presumed innocent.
Not criminally responsible on account of mental disorder
A trial is held but the person is not convicted or acquitted. It is decided that at the time of the offence, the person was suffering from a mental disorder and was incapable of appreciating the nature of the acts.