Process

There are 2 main phases in the Mental Health Court process:

(1) The Admission phase which consists of 4 components: presentation, 

eligibility, compliance and acceptance into a program.

(2) The Program phase during which an accused participates in a judicially 

monitored program. This phase continues until the accused graduates upon 

successful completion of a program, voluntarily withdraws from a program or is

removed from a program.
The Court uses a team approach. The Mental Health Court Team consists of 

the judge, crown prosecutor, duty counsel, psychiatrist, mental health 

professionals, probation officer and community caregiver. Consistency of team

members and continuity of approach are maintained throughout the process.

ADMISSION PHASE 

1. Presentation 
This refers to the initial appearance of an accused in the Mental Health Court.

This appearance usually results from a referral from a regular court. The referral

may be made at any stage of the criminal justice process and for any offence. 
Referrals are usually requested by a party to the proceedings after learning or 

detecting that the accused may have a mental illness or intellectual disability and 

upon receiving an indication of interest in pursing Mental Health Court from the

accused and family.

On presentation, duty counsel provides information about the program to the 

accused as well as legal advice. At this stage, some accused are ordered to 

undergo an assessment to determine if they are fit to stand trial or if they are

criminally responsible.

2. Eligibility 
This refers to the period during which the Judge, with the advice and 

recommendation of the Mental Health Court Team, determines if the accused

is eligible to enter a program.
The prosecutor must indicate that the Crown will consider a withdrawal of the 

charges or recommend a non-custodial sentence upon graduation.

Other eligibility requirements:
(a) an accused be diagnosed as suffering from a mental illness or intellectual 

disability 
(b) the offence(s) alleged are as a result or related to such illness or disability.
(c) the accused accepts responsibility for the offence(s) and 
(d) the accused is fit to stand trial and criminally responsible. 
Cases which do not meet eligibility are returned to the regular court process.

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