Mental Disorder 2023 Criminal Code of Canada Annotations (Part XX.1)

Date02 March 2023
AuthorRichard D. Schneider; Lora Patton
The  Annotated Mental Health Provisions
of the Criminal Code (Part XX.)
This volume is essentially an excerpt from Annotated Ontario Mental Health Statutes, which con-
tains, as well, annotations of Part XX. of the Criminal Code of Canada dealing with Mental Dis-
order. Our objective is to provide a more manageable volume with particular focus upon the
mentally disordered accused. It is intended to be of assistance to Review Board members, parties
to Review Board proceedings, and practitioners with accused before the courts or the Review
Boards of Canada.
The volume is made up of Part XX. and its annotations plus three appendices:
Part XX.: Mental Disorder in the Criminal Code — The Annotated Statute
Assessment Orders
Assessment Reports
Protected Statements
Fitness to Stand Trial
Verdict of Not Criminally Responsible on Account of Mental Disorder
Review Boards
Disposition Hearings
Dispositions by a Court or Review Board
Terms of Dispositions
High-Risk Accused
Dual Status Oenders
Review of Dispositions
Power to Compel Appearance
Stay of Proceedings
Interprovincial Transfers
Enforcement of Orders and Regulations
Appendix A: Fitness to Stand Trial: An Introductory Overview
Appendix B: Review Board Rules of Procedure
R.D. Schneider, C. Pakosh & L. Patton, Annotated Ontario Mental Health Statutes, e (Toronto: Irwin Law, ).
Criminal Code
ss , 
Appendix C: Criminal Code Forms
Form : Assessment Order of the Court
Form .: Assessment Order of the Review Board
Treatment Order (section .)
“Keep Fit” Order (section .)
Hospital Pending Review Board (section .())
Disposition: Detention in Hospital (section .(c))
Disposition: Discharge Subject to Conditions (section .(b))
Form : Hospital Assessments: Out of Custody
Form : Hospital Assessment: In Custody
Criminal Code, R.S.C. , c. C-, as amended by R.S., c. C-, Part XXVIII; R.S., , c.  (st
Supp.), ss. (E), , , c.  (th Supp.), ss. , (F), c.  (th Supp.), ss. –; , c. , s. ;
, c. , s. ; , c. , ss. –; , c. , s. ; , c. , ss. , , ; , c. , s. ,
c. , s. , c. , s. ; , c. , s. ; , c. , s. , c. , ss. –, c. , ss. – (Preamble);
, c. , s. ; , c. , ss. , , c. , ss. , (F).
2 “feeble-minded person” [Repealed, , c. , s. ]
mental disorder means a disease of the mind (troubles mentaux);
unf‌it to stand trial means unable on account of mental disorder to conduct a defence at any
stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in
particular, unable on account of mental disorder to
(a) understand the nature or object of the proceedings,
(b) understand the possible consequences of the proceedings, or
(c) communicate with counsel (inaptitude à subir son procès);
Defence of Mental D isorder
16 () No person is criminally responsible for an act committed or an omission made while
suf‌fering from a mental disorder that rendered the person incapable of appreciating the nature
and quality of the act or omission or of knowing that it was wrong.
() Every person is presumed not to suf‌fer from a mental disorder so as to be exempt from
criminal responsibility by virtue of subsection (), until the contrary is proved on the balance
of probabilities.
() The burden of proof that an accused was suf‌fering from a mental disorder so as to be exempt
from criminal responsibility is on the party that raises the issue.
R.S., , c. C-, s.; R.S., , c.  (st Supp.), s. (F); , c. , s. .
Upon a verdict that the accused was unt to stand trial or NCR (not criminally responsible) at
the relevant time, the provisions of Part XX. of the Criminal Code apply. The accused may be
detained in hospital, discharged subject to conditions, or, if not a signicant threat to the safety
of the public, discharged absolutely. While the court may issue a disposition upon the verdict, the
matter is typically referred to the provincial or territorial Review Board.
Criminal Code s .
672.1 () In this Part,
accused includes a defendant in summary conviction proceedings and an accused in respect
of whom a verdict of not criminally responsible on account of mental disorder has been ren-
dered; (accusé)
assessment means an assessment by a medical practitioner or any other person who has been
designated by the Attorney General as being qualif‌ied to conduct an assessment of the mental
condition of the accused under an assessment order made undersection .or., and
any incidental observation or examination of the accused; (évaluation)
chairperson includes any alternate that the chairperson of a Review Board may designate to
act on the chairperson’s behalf; (président)
court includes a summary conviction court as def‌ined in section , a judge, a justice and a
judge of the court of appeal as def‌ined insection ; (tribunal)
disposition means an order made by a court or Review Board undersection ., an order
made by a court under section . or a f‌inding made by a court under subsection .();
dual status of‌fender means an of‌fender who is subject to a sentence of imprisonment in
respect of one of‌fence and a custodial disposition underparagraph .(c) in respect of
another of‌fence; (contrevenant à double statut)
high-risk accused means an accused who is found to be a high-risk accused by a court
undersubsection .(); (accusé à haut risque)
hospital means a place in a province that is designated by the Minister of Health for the prov-
ince for the custody, treatment or assessment of an accused in respect of whom an assessment
order, a disposition or a placement decision is made; (hôpital)
(C-M.), D., Re (September , ) [] O.R.B.D. No.  (Ont. Review Bd.) A detention
centre is not a “hospital” within the meaning of section .(). The jurisdiction of the Review
Board only permits detention orders to hospitals.
* * * * *
medical practitioner means a person who is entitled to practise medicine by the laws of a
province; (médecin)
party, in relation to proceedings of a court or Review Board to make or review a disposition,
(a) the accused,
(b) the person in charge of the hospital where the accused is detained or is to attend pursuant
to an assessment order or a disposition,
(c) an Attorney General designated by the court or Review Board under subsection .(),
(d) any interested person designated by the court or Review Board under subsection .(), or
(e) where the disposition is to be made by a court, the prosecutor of the charge against the
accused; (parties)

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