What is the role of Ontario Review Board?

What is the role of Ontario Review Board?

The Ontario Review Board (the “Board”) has jurisdiction over individuals who have been found by a court to be either unfit to stand trial or not criminally responsible on account of mental disorder.

What is the Ontario Review Board process?

The Ontario Review Board annually reviews the status of every person who has been found to be not criminally responsible or unfit to stand trial for criminal offences on account of a mental disorder. The Ontario Review Board is established under the Criminal Code of Canada.

Who makes up the Ontario Review Board?

The board usually sits in panels of five members: one chair, one lawyer, two psychiatrists and one public member. A quorum consists of the chair, one member who is legally entitled to practise psychiatry in Ontario and one other member.

Are Ontario Review Board hearings closed to the public?

Review Board hearings are usually open to the public. However, the Review Board may close the hearing to the public if it is in the best interests of the accused and not contrary to the public interest.

What is a review board in Canada?

Review Boards are specialized tribunals chaired by a judge, or an individual qualified for a judicial appointment, and comprised of at least four other members, one of which must be entitled under the laws of the particular province to practice psychiatry.

What is NCR in Canada?

The term National Capital Region is often used to describe the Ottawa–Gatineau metropolitan area, although the official boundaries of the NCR do not precisely correspond to the statistical metropolitan area.

Who decides if someone is fit to stand trial?

The MHRT must review the accused as soon as practicable upon referral by the court under s 49(1) to determine whether they have become fit.

What is not criminally responsible?

“Not criminally responsible” (NCR) means you committed a crime, but because of your mental disorder you are not responsible for what you did. You are NCR if your mental disorder stopped you from understanding what you did or the difference between right and wrong.

What are the three dispositions that can be made following a finding of Ncrmd?

The dispositions of people found NCRMD are determined by the Court making the verdict or by RBs. The 3 options are as follows: detention in hospital; conditional discharge, which usually means living in the community under specified conditions; and absolute discharge.

What happens after Ncrmd?

If the accused individual is found NCRMD, the person generally comes under the jurisdiction of a provincial or territorial review board, who may order an absolute discharge, a conditional discharge, or a custody order, meaning that the person will be treated at a secure hospital.

What happens after NCR verdict?

What happens after an NCR verdict? Upon an NCR finding, the accused is almost always detained in a psychiatric facility and subject to the jurisdiction of a review board. These boards are specialized tribunals that sit in panels with at least one experienced lawyer and a psychiatrist.

What happens if an accused is unfit to stand trial?

First, that the accused is declared fit for trial. In this case, the trial will resume. If the accused is declared unfit, then the trial will be paused. At this point, the judge or the CETM decide whether the accused should be detained until they recover and become mentally fit for trial.

Is the assessment review board still in operation?

The ARB has updated its Rules of Practice and Procedure effective April 1, 2021. The Assessment Review Board continues to provide services to the public. All in-person service counters are closed until further notice. Use email to contact us for a quicker response time. Learn more about our COVID-19 operations.

How does the review board decide on a disposition?

Under Section 672.81, the Review Boards must hold a hearing every year in order to review the disposition. During these annual reviews, Review Boards can impose any of the three available dispositions (i.e., absolute discharge, conditional discharge, detention) and alter any of the conditions previously imposed on the accused.

Who are the members of the review board?

The chair is a retired judge or senior lawyer and members include at least one psychiatrist, one lawyer, one individual licensed to practice either psychology or medicine and one lay person. Appointments to, and administration of the Review Boards is a provincial responsibility.

When are discretionary reviews possible in criminal cases?

Finally, discretionary reviews are possible upon the request of the accused or any other party.