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 mental health matters, in the criminal courts and before the administrative tribunals that oversee them.

This area of practice covers two distinct but connected areas. Each has its own procedures, its own legal tests, and its own tribunal. Follow the links below for a detailed guide to each.

How These Areas Connect

A criminal charge is often the starting point. If mental disorder is relevant, the court may need to decide whether the accused is fit to stand trial, or whether they were criminally responsible at the time of the alleged offence. Where the court makes a finding of unfitness or returns a verdict of not criminally responsible, supervision passes to the Ontario Review Board, which then holds hearings for as long as the person remains under its jurisdiction.

The Consent and Capacity Board operates on a separate track. It deals with detention in a psychiatric facility, capacity to consent to treatment, and capacity to manage property, whether or not any criminal charge is involved.

How We Can Help

These matters require both criminal law experience and a working command of psychiatric evidence. We advocate for the least restrictive outcome available at every stage, whether that means challenging the Crown's case in the criminal court, testing a risk assessment before the Review Board, or contesting a finding of incapacity.

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.