Frequently Asked Questions

What offences qualify?
The Mental Health Court operates on an offender-based approach. A referral 

may be made at any stage of the criminal justice process and for any offence. 

However one of the eligibility criteria is that the Crown must be willing to 

consider a withdrawal of the charges or a recommendation of a non-custodial 

sentence if the accused successfully completes his or her individualized program

set by the Court.

Who is Eligible?
Eligibility criteria include a confirmed diagnosis of mental illness or intellectual 

disability, that the offence alleged against the accused be related to such, that

the accused takes responsibility for the offence and is fit to stand trial and is 

criminally responsible.
If at any time an issue arises as to whether whether an accused is fit to stand 

trial or not criminally responsible by reason of mental disorder, the Mental 

Health Court will also deal with those issues as provided for in the Criminal 

Code. Application to the Mental Health Court is voluntary and an accused may 

withdraw at any time in the process

When and where does the Court sit?
The Mental Health Court sits every second Friday in Courtroom No 3, 15 

Market Square, Saint John, New Brunswick. Pre-appearance conferences 

of the Mental  Health Court Team are held prior to each court sitting. 

Only the court sitting is open to the public. The Court approach is to provide a 

courtroom atmosphere which is sensitive to the complex problems facing 

the individual accused.

How does the accused receive legal advice?
Duty defence counsel, are members of the Mental Health Court team and are 

present to represent and independently advise an accused throughout the 

process. The accused has the choice to use private counsel however, to 

maintain the essential continuity, private counsel must attend each sitting.

 
How are mental health services provided?
An accused may use the services of the Community Mental Health Services, 

Department of Health and Wellness or a private psychiatrist who can liaise 

with the psychiatrist and mental health personnel who are members of the 

Mental Health Court Team.

How does an accused graduate?

When the Judge determines that an accused has successfully completed the

Mental Health Court program, the charges are withdrawn or a non-custodial

sentence imposed. Variables in that decision include the nature of the mental

illness or disability, the nature of the offence, the circumstances of the 

accused, the response to treatment and the length of time in the program.

The Court will carefully consider an accused’s progress is areas which include:
• degree of stabilization in community (adequate housing, nutrition, finances, 

personal care)
• degree of insight to mental illness or disability and to the program
• record of compliance with treatment
• record of compliance with other conditions (e.g. appointments, undertakings 

to court)
• degree of re-integration with community (e.g.employment, organized events, 

restitution, peer choice)
• reduction of public safety concerns
• history of on-set/ progression of illness to date as indicator of future pattern
• age and lifestyle ( e.g. improvement of lifestyle choices)
• level of family and community support
• reasonable absence of negative influences
• consideration given to any concerns of victim