Fitness to Stand Trial

• Author: Steve Coughlan/Alex Gorlewski
• Pages: 270-275

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

defence?3

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

trial7

No Yes

Yes

No

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.