An important issue that may arise in your case is the assessment of your fitness to stand trial or your criminal responsibility at the time the offence was committed. This post aims to describe these assessments, providing clear and comprehensive information to help you navigate this complex area of law.
What Are Fitness and Criminal Responsibility Assessments?
The court may order an assessment of an accused person’s mental condition to determine two key issues:
- Fitness to Stand Trial: Whether the accused is mentally fit to participate in his/her trial.
- Criminal Responsibility: Whether the accused was suffering from a mental disorder at the time of the offence, potentially exempting him/her from criminal responsibility.
These assessments ensure that individuals receive a fair trial and that those who are not criminally responsible due to mental disorders are treated appropriately under the law.
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Legal Framework Governing Assessments
Assessments for fitness and criminal responsibility are governed by Section 672 of the Criminal Code of Canada. Specifically:
Section 672.11: Allows the court to order an assessment if there are reasonable grounds to believe that the assessment is necessary to determine fitness to stand trial or criminal responsibility.
Section 672.12: Outlines who can request an assessment— the court itself, the accused, or the prosecutor— and the limitations on these requests.
When Can an Assessment Be Ordered?
An assessment can be ordered at any stage of the criminal proceedings, provided there are reasonable grounds to believe it is necessary. Here are the primary circumstances under which an assessment may be ordered:
- Fitness to Stand Trial: Whenever there is doubt about the accused’s ability to understand the legal proceedings or to communicate effectively with his/her lawyer. The burden lies with the party raising the issue (either the defence or the prosecution) to provide reasonable grounds for the assessment.
- Criminal Responsibility: Whenever there is evidence suggesting that the accused was suffering from a mental disorder at the time of the offence. Like fitness assessments, the party raising the defence of mental disorder must establish reasonable grounds to warrant an assessment.
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Who Can Request an Assessment?
The Court: May initiate an assessment of its motion if it deems it necessary.
The Accused: Can request an assessment to establish their fitness or criminal responsibility.
The Prosecutor: Can request an assessment, but with certain limitations:
- For summary conviction offences, the prosecutor must demonstrate reasonable grounds to doubt the accused’s fitness or responsibility.
- For indictable offences, the prosecutor must either raise the issue of mental disorder or provide reasonable grounds to doubt the accused’s criminal responsibility.
The Assessment Process
Once an assessment is ordered, the following steps typically occur:
- Designation of the Assessor: The order will specify who will conduct the assessment, whether it be a medical practitioner or a designated service.
- Detention Considerations: The court may order the accused to be detained in custody during the assessment if necessary for the assessment process.
- Duration:
- Generally, assessments should not exceed thirty days.
- For fitness assessments, the initial period is five days, extendable to thirty days with mutual agreement.
- In compelling circumstances, assessments can be extended up to sixty days.
- Assessment Report: The assessor will compile a report on the accused’s mental condition and submit it to the court or Review Board.
Burden of Proof and Standard
- Presumption of Sanity: Every person is presumed to be mentally fit and criminally responsible until proven otherwise.
- Burden of Proof: The party raising the issue (defence or prosecution) must prove his/her case on a balance of probabilities, i.e., more likely than not to be the case.
- Standard of Proof: The court must be satisfied that there are reasonable grounds to order an assessment based on credible evidence, not merely on perceptions or assumptions.
Impact on Your Case
- Fitness to Stand Trial: If found unfit, the trial may be delayed until the accused is deemed fit. In some cases, alternative dispositions, such as treatment in a mental health facility, may be ordered.
- Criminal Responsibility: If the accused is found not criminally responsible due to a mental disorder, he/she may be subject to treatment rather than traditional sentencing.
Navigating Self-Defence Claims
An experienced criminal defence lawyer is essential when facing criminal charges. A criminal lawyer can help you navigate the complexities of the legal system, protect your rights, and develop a strong defence strategy tailored to your case.
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Don’t hesitate to reach out to us if you have been charged with a criminal offence. Call (306) 994-9522, and a skilled criminal defence lawyer will discuss your case with you and explore your options.