CRIMINAL CODE REVIEW BOARD HEARINGS
criminal law
PATH can assist with fitness and criminal responsibility designations. We understand that these designations can lead to severe outcomes, such as extended confinement in a hospital or treatment facility. Where possible, PATH will provide legal representation at a CCRB hearing and advocate for less restrictive conditions or an absolute discharge.
What does it mean to be found unfit to stand trial or not criminally responsible?
Both fitness to stand trial and a finding of not criminally responsible are decisions made by a judge based on an accused person’s mental health.
Fitness to stand trial assesses a person’s mental health at the time of court proceedings. If their condition prevents them from understanding the trial or its consequences, they may be deemed unfit.
A finding of not criminally responsible concerns an accused person’s mental state when the alleged crime was committed. If their mental health prevented them from understanding their actions or its consequences, they may be found not criminally responsible.
The Process
JUDGE MAKES DESIGNATION
A judge may find an accused person unfit to stand trial or not criminally responsible.
FIRST CCRB HEARING
Afterwards, the person deemed unfit to stand trial or not criminally responsible will have to attend a hearing with the CCRB. These hearings occur regularly (usually once a year).
OUTCOME(S) OF CCRB HEARING
At the hearing, the CCRB will review the finding, and the conditions ordered by the judge, including confinement to a hospital for treatment. The CCRB will review the person’s mental health and any progress they have made in treatment.
The CCRB has the power to:
Affirm conditions ordered
Order different conditions
Order release
Possible Remedies
Changing release conditions to exclude detainment in a hospital or treatment facility
Release from a hospital or treatment facility into the community on release conditions
Relief from all release conditions with an absolute discharge ordered
How PATH can help
Legal counsel for a CCRB hearing
Summary advice or legal assistance for a CCRB hearing
LOOKING FOR OUR HELP?
Fill out our Intake Form, or reach out to our Office Manager by phone at 902 - 704 - 3628 or by email at m.macdonald@pathlegal.ca.
We will reach out to you in a timely manner.
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Practicing lawyers
Hanna Garson
Staff Lawyer