When facing criminal charges, you might encounter a situation where an assessment of your mental state is required. This could involve determining whether you are “fit” to stand trial or whether you were criminally responsible at the time the alleged offence occurred.
This post aims to clarify what these assessments involve, providing clear information to help you navigate this complex area of the law.
What Are Fitness and Criminal Responsibility Assessments?
Canadian courts may order an assessment of a defendant’s mental state to address two main issues:
- Fitness to Stand Trial: This evaluates whether the accused has the mental capacity to understand the court proceedings and communicate effectively with his/her lawyer.
- Criminal Responsibility: This assesses whether the accused was suffering from a mental disorder during the offence, potentially absolving him/her of criminal responsibility.
These assessments are crucial in ensuring that individuals receive a fair trial and that those with mental disorders are treated appropriately within the legal system.
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Legal Basis for Assessments
The authority for conducting fitness and criminal responsibility assessments is found in Section 672 of the Criminal Code of Canada:
Section 672.11: Permits the court to order an assessment if there are reasonable grounds to believe it is necessary to evaluate fitness to stand trial or criminal responsibility.
Section 672.12: Details who may request an assessment—the court, the accused, or the prosecutor—and specifies any restrictions on such requests.
When Are Assessments Ordered?
An assessment can be ordered at any point during the legal proceedings if there is a legitimate reason to do so. Common scenarios include:
Fitness to Stand Trial: If there is concern about the accused’s ability to comprehend the court process or to communicate with his/her lawyer, an assessment may be requested. The responsibility to prove the need for such an assessment lies with the party raising the issue.
Criminal Responsibility: If evidence suggests that the accused was suffering from a mental disorder at the time of the offence, an assessment may be requested to evaluate criminal responsibility.
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Who Can Request an Assessment?
The Court: May order an assessment on its own initiative if it believes it is necessary.
The Accused: Can request an assessment to establish either their fitness to stand trial or his/her criminal responsibility.
The Prosecutor: May also request an assessment, but with certain limitations:
- For summary conviction offences, the prosecutor must show reasonable grounds to question the accused’s fitness or responsibility.
- For indictable offences, the prosecutor must either raise the issue of mental disorder or present reasonable grounds to doubt the accused’s criminal responsibility.
The Assessment Process
When an assessment is ordered, the following steps generally take place:
- Appointing the Assessor: The court will designate a medical practitioner or a specialized service to carry out the assessment.
- Custody During Assessment: If deemed necessary for the assessment, the court may order that the accused be held in custody.
- Duration:
- Typically, assessments are limited to a maximum of thirty days.
- In cases of fitness assessments, an initial period of five days is standard, with potential extensions up to thirty days upon agreement.
- Under special circumstances, the assessment period may be extended to sixty days.
- Submission of the Report: The assessor will provide a written report on the accused’s mental condition, which will be submitted to the court or the Review Board.
Standards and Burden of Proof
- Presumption of Sanity: By default, everyone is presumed to be mentally fit and criminally responsible unless proven otherwise.
- Burden of Proof: The party raising the issue—whether it is the defence or the prosecution—must establish his/her case on a balance of probabilities, i.e., more likely than not to be the case.
- Standard of Proof: The court requires credible evidence to justify ordering an assessment; mere suspicion or unusual behavior is not enough.
How Assessments Impact Your Case
- Fitness to Stand Trial: If an individual is found unfit, the trial may be postponed until he/she is deemed fit to proceed. In some instances, the court may order treatment at a mental health facility as an alternative disposition.
- Criminal Responsibility: If the accused is determined to be “not criminally responsible” due to a mental disorder, he/she may be subject to treatment rather than traditional criminal sentencing.
Don’t Face Your Criminal Charge Alone
An experienced criminal defence lawyer is vital when dealing with a criminal charge. They can guide you through the legal maze, safeguard your rights, and devise a robust defence strategy specific to your case.
Get a Free Legal Consultation With a Criminal Lawyer
Do not hesitate to contact us if you have been accused of a criminal offence. Call (855) 585-1777 and a skilled criminal defence lawyer will review your case with you and consider your alternatives.