Mental Health and the Criminal Code (14:IX): Difference between revisions
Jump to navigation
Jump to search
Mental Health and the Criminal Code (14:IX) (view source)
Revision as of 22:06, 10 October 2022
, 10 October 2022→A. Fitness to Stand Trial
| Line 6: | Line 6: | ||
An accused is presumed fit to stand trial until the contrary is proven on a balance of probabilities (''Criminal Code'', s 672.22 of the ''Criminal Code''). The burden of proof is on whoever side raises the issue, either the accused or Crown Counsel (''Criminal Code'', s 672.23(2)). | An accused is presumed fit to stand trial until the contrary is proven on a balance of probabilities (''Criminal Code'', s 672.22 of the ''Criminal Code''). The burden of proof is on whoever side raises the issue, either the accused or Crown Counsel (''Criminal Code'', s 672.23(2)). | ||
An accused is deemed “unfit to stand trial” under s 2 of the ''Criminal Code'' if they are incapable of understanding the nature, object, and possible consequences of the criminal proceedings, or if they are unable to communicate with counsel on account of mental illness. If the court reaches the verdict that the accused is unfit to stand trial, any plea that has been made will be set aside and the jury will be discharged (''Criminal Code'' s 672.31). Under section 672.32, the accused may stand trial once they are fit to do so. For a detailed outline of the tests for fitness, see [https://www.canlii.org/en/on/onca/doc/1992/1992canlii7412/1992canlii7412.html?resultIndex=1 ''R. v Taylor'' (1992), 77 CCC (3d) 551] | An accused is deemed “unfit to stand trial” under s 2 of the ''Criminal Code'' if they are incapable of understanding the nature, object, and possible consequences of the criminal proceedings, or if they are unable to communicate with counsel on account of mental illness. If the court reaches the verdict that the accused is unfit to stand trial, any plea that has been made will be set aside and the jury will be discharged (''Criminal Code'' s 672.31). Under section 672.32, the accused may stand trial once they are fit to do so. For a detailed outline of the tests for fitness, see [https://www.canlii.org/en/on/onca/doc/1992/1992canlii7412/1992canlii7412.html?resultIndex=1 ''R. v Taylor'' (1992), 77 CCC (3d) 551]. | ||
The court may order a trial (not an assessment) on the issue of the accused’s fitness to stand trial at any stage in the proceedings prior to a verdict, either on its own motion or on an application of either the prosecution or the defence (''Criminal Code'' s 672.23). | The court may order a trial (not an assessment) on the issue of the accused’s fitness to stand trial at any stage in the proceedings prior to a verdict, either on its own motion or on an application of either the prosecution or the defence (''Criminal Code'' s 672.23). | ||