We are currently experiencing technical difficulties with our telephone system. We are working to solve the problem. Please call us back later or contact us by email at: tribunal.administratif@taq.gouv.qc.ca.
During the hearing, the RBMD must:
The RBMD must consider and analyze all the evidence to assess the most important factor, the public’s safety. It also assesses the person’s mental condition, needs and his reintegration into society.
The RBMD sends a notice of hearing to the accused, the person in charge of the hospital, and any other party to inform them of the date and place of the hearing. If the person was between 12 and 17 years old at the time of the offence, the parents will also receive the notice and one of them must be present at the hearing.
Hearings are generally held where the person is being detained or receiving treatment, i.e., a hospital on the government list (designated hospital). This makes it easier for both the detained person and the medical staff to attend.
The RBMD may also hold the hearing elsewhere:
The parties and their counsel must be ready to proceed with the hearing at the scheduled time and must not delay the start of the hearing.
The hearing can also be held remotely by video hearing if the accused gives his consent. The medical team will inform the RBMD if the remote hearing should not be held because of the accused’s condition. This procedure is used in emergencies or when logistical reasons make it difficult to hold the hearing at the place where the person is being detained or treated.
If the accused or another party has serious reasons that prevent them from attending on the scheduled hearing date, the person must inform the RBMD and request a postponement in writing as soon as possible before the hearing. The RBMD will decide whether to postpone the hearing.
Hearings are conducted informally. Three administrative judges are present. One must be a lawyer and one must be a psychiatrist. The third administrative judge is usually a psychologist or a social worker.
The presiding administrative judge opens the hearing and explains how it will proceed, which is usually in the following order:
RBMD hearings are usually public. The parties and any person who so wishes are entitled to be present, unless prohibited by the RBMD.
The following may be a party to a hearing:
Each party is entitled:
The RBMD may order any person whose behaviour disturbs the orderly conduct of the hearing to leave the room. It may even exclude the accused in the following situations:
Persons attending a hearing must not interfere with the conduct of the hearing. They must have a dignified and respectful attitude toward the RBMD and every other person.
All persons at the hearing must be suitably dressed and use appropriate language.
It is prohibited to eat food.
The parties to a hearing may retain the services of the lawyer of their choice. In some cases, the accused may be eligible for legal aid.
You must inform the RBMD in writting if you subsitute your lawyer, or if you no longer have a lawyer.
If you are a lawyer yourself, you must inform the RBMD when your services have been retained or when you cease to represent a party.
RBMD hearings are recorded. With some exceptions, a party may request a copy of the recording by contacting the Tribunal Secretariat. A fee may apply.
Cameras cannot be used inside the room during the hearing. Outside the hearing room, cameras may be used and interviews conducted depending on the following factors:
Hearings may be held in French or in English. A party or a witness who does not understand or speak the language used at the hearing may be assisted by an interpreter. The RBMD provides, free of charge, the services of an interpreter to the accused and a party or a witness who is deaf or mute. In all other cases, the person who wants this service must bear the cost.
The RBMD may issue an order banning publication or dissemination to protect the identity of a victim or a witness. It may also order a hearing to be held in camera to prohibit access to the courtroom.