Mental Health Courts
By Pearl Bakhtiari, Articling Student
The uprise and prevalence of mental health issues being faced by individuals in today’s world provides the legal system with a unique standpoint when dealing with criminal matters. In recent years, as we dive deeper to learn more about mental health, there has been a shift in attitude toward recognizing and better helping those struggling.
Mental health courts are in place as a response to the challenges faced by those who struggle with their mental health and consequently, the law. They allow for a more effective and rehabilitative approach to address the legal issues that arise due to mental health struggles. These courts have specialized staff, including mental health support workers, psychiatrists, and specially trained Crowns, Duty Counsel and Judges.
Typically, these specialized courts will deal with “mental health diversion”. This is an avenue of resolution for criminal matters that does not involve a guilty plea or a trial. Mental health diversion will vary depending on jurisdiction, but can include responses such as taking medication, regular therapy sessions and continuous doctor’s visits. Depending on your jurisdiction and whether there is a mental health court in your community, these specialized courts vary in their eligibility criteria. While a defence lawyer can advocate for mental health diversion for their client, the Crown will always be the one who ultimately decides on whether diversion is the acceptable route for an accused person. A fitness assessment or hearing is used in order to determine if the accused is fit to stand trial based on their current mental state. If found unfit, mental health diversion may be ordered.
It is important to note the difference between a fitness assessment and being deemed Not Criminally Responsible (NCR). Being NCR essentially means that one is so mentally unwell at the time of committing an offence that they are incapable of recognizing or appreciating the consequences of their actions. Contrary to a popular yet flawed understanding of the term NCR, it is NOT a “get out of jail free card”. Individuals who are deemed NCR will often spend more (sometimes indefinite) time in a mental health facility than in a detention center.
Mental health courts are working to improve justice for struggling clients through the concept of therapeutic jurisprudence. Knowledge of mental health courts and their services can be beneficial in helping those who are struggling and may not know what their next steps are.
This content is provided for general information purposes only and does not constitute legal or other professional advice or an opinion of any kind. If you have further questions, or need legal representation, feel free to contact our firm at 416-304-1414.