Where mental health and the justice system intersect, the law is highly specialized — and the stakes for an individual's liberty are profound. Brass Law Office represents clients across the full range of criminal mental health matters and before the administrative tribunals that oversee them.
Criminal Mental Health Law
Mental health can affect a criminal case in two fundamental ways — whether a person is able to participate in the proceedings, and whether they can be held responsible for the alleged conduct.
Fitness to Stand Trial
An accused must be able to understand the nature and object of the proceedings, understand the possible consequences, and communicate with and instruct counsel. Where mental disorder renders a person unfit, the trial cannot proceed until fitness is restored, and the case moves into the review board system.
Not Criminally Responsible (NCR)
Under section 16 of the Criminal Code, a person is not criminally responsible where, due to a mental disorder, they were incapable of appreciating the nature and quality of the act, or of knowing that it was wrong. An NCR verdict is not an acquittal — it leads to oversight by the Ontario Review Board.
The Ontario Review Board
The Ontario Review Board (ORB) is the independent tribunal that supervises individuals found either unfit to stand trial or not criminally responsible on account of a mental disorder. The Board holds hearings — at least once a year for most individuals — and makes one of three dispositions, guided by public safety and the least onerous and least restrictive approach:
- Absolute discharge: the individual is released without conditions, available where they are not a significant threat to public safety;
- Conditional discharge: release into the community subject to conditions; or
- Detention order: detention in a hospital, with privileges set by the Board.
Effective representation before the ORB requires a thorough command of the medical evidence and the governing legal test. We advocate for the least restrictive disposition appropriate to each client's circumstances.
The Consent and Capacity Board
The Consent and Capacity Board (CCB) is a separate Ontario tribunal that decides matters under the Mental Health Act and the Health Care Consent Act. Its work includes reviewing:
- The involuntary admission of a patient to a psychiatric facility;
- A person's capacity to consent to or refuse treatment;
- The capacity to manage one's own property; and
- Decisions made by substitute decision-makers.
These hearings move quickly and carry significant consequences for a person's autonomy and liberty. Skilled, compassionate advocacy can make a decisive difference.
Facing a criminal mental health matter?
Brass Law Office appears in criminal mental health proceedings and before the Ontario Review Board and the Consent and Capacity Board throughout Ottawa and Eastern Ontario. Contact us to discuss your situation.
This article is for general informational purposes only and does not constitute legal advice. Mental health law is fact-specific — contact a lawyer to discuss your situation.