When someone accused of a crime doesn’t understand what’s happening because of a mental health condition, their trial can be paused. They will be declared “unfit to stand trial”. Who makes this decision and what are the consequences?
How to assess an accused’s fitness for trial?
The accused must be able to understand what’s happening and why they are on trial. In other words, they must be “mentally fit”.
Sometimes, there may be reasons to believe that someone can’t understand what’s happening because of a mental health condition. When that’s the case, the court, prosecutor, or even the accused themselves can ask for an assessment to see if the accused is “fit for trial”.
The goal of the assessment is to make sure that the accused can participate in their own trial. The assessment focuses on the accused’s ability to:
- Understand what’s happening during the trial.
- Understand their options to defend themselves at trial.
- Examples include the choice to be self-represented or to be represented by a lawyer, to plead guilty or not guilty, to testify at trial or not.
- Understand the consequences of each option.
- Make a choice among these options.
- Communicate their choices in an understandable way to their lawyer or to the court.
The assessment will evaluate whether the level of understanding that the accused has of the trial and of their options is sufficient and based on what’s really happening. It’s important to note that the goal isn’t to assess whether the accused’s choices are right or in their best interests.
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Good to know! At this stage, the accused can only be detained if it’s necessary to assess them or to meet other goals set by the law, like protecting the public. |
What happens after the assessment?
Once the court receives the assessment, it will hold a hearing to decide whether the accused is fit for trial. The decision can go either way:
- The court can decide that the accused is fit for trial. In this case, the trial will resume.
- The court can decide that the accused is unfit for trial. In this case, the trial will be paused.
In some cases, the court can order the accused to undergo treatment aimed at making them fit for trial. The treatment must:
- Last a maximum of 60 days.
- Have more benefits than risks.
- Have a good chance of making the accused fit for trial.
- Be recommended by a doctor.
The court can’t order the accused to undergo some treatments, like electroshock therapy.
What if the trial is paused?
Next, the court works with the Quebec commission tasked with evaluating these cases (Commission d’examen des troubles mentaux). Together, they’ll decide whether the accused should be detained until they recover.
The court can hold a second hearing to decide whether the accused must be detained, or it can let the commission handle it instead. If the court does hold a second hearing, the commission will review whatever decision the court makes. In other words, whether the court holds a second hearing or not, the commission has the final say.
If the court or the commission believe that the accused will not pose a danger to the public, it can release them.
However, if the court or the commission believe that releasing the accused would pose a significant threat to society or would make the accused’s mental health worse, it can order that the accused be detained in a hospital. Significant threat means a risk of serious physical or psychological harm to members of the public, including the victim or children.
Afterwards, the commission reviews the accused’s mental fitness at least every 12 months. If it believes that the accused is now fit for trial, it notifies the court. The court will make the final decision.
What if recovery takes time?
In some cases, the accused may need more time to recover. This means that the trial can be paused for many years.
Sometimes, the Quebec commission tasked with evaluating these cases (Commission d’examen des troubles mentaux) can recommend to a court that the charges against the accused be stayed. “Staying charges” means that the trial will be cancelled.
The commission will only recommend that charges be stayed if:
- The accused is unfit and unlikely to ever recover.
- The accused does not pose a significant risk to the public.
If the court agrees with the commission, it must still consider whether staying the charges would be in society’s best interests.
If so, the judge can cancel the trial. The accused will then be free to go if they were detained.
It’s important to note that even when someone is found guilty of a crime at the end of a trial, the law provides certain measures if they become unfit to receive their sentence. However, the process is different from the one that applies before the verdict.