Fitness to Stand Trial

AuthorSteve Coughlan/Alex Gorlewski
270 Preliminary Matters / Pre-trial Motions
2.5(c) Fitness to Stand Trial
Has a verdict been rendered?1
The Crown, accused,
or court can make a
motion concerning the
accused’s fitness to
stand trial2
Is there suicient
reason to doubt that
the accused is capable
of conducting a
No fitness hearing
will take place
Is the accused unfit
to stand trial?4
The trial stops and
a disposition and/or
treatment order will
be made6
The proceedings
continue as normal5
The accused can
be tried should they
become fit to stand
No Yes
The tness to stand trial regime is found in Part XX.1 of the Criminal Code, RSC
1985, c C-46 [Code], which deals with mental disorder issues generally. The ma-
jority of that part is devoted toward “not criminally responsible” verdicts, but
the tness to stand trial provisions make use of the same denitions and some
of the same procedures.
See, generally, the discussion in Steve Coughlan, Criminal Procedure, 3d ed
(Toronto: Irwin Law, 2016) at ch 10, s B(2)(b), Fitness to Stand Trial.

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