Beautiful British Columbia Safeguarding the rights and interests of mentally disordered accused persons and of society with fairness and dignity
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MANDATE AND OVERVIEW OF THE BRITISH COLUMBIA REVIEW BOARD


The British Columbia Review Board is an independent tribunal established under the Criminal Code of Canada.

The Review Board’s mandate is to protect public safety while also safeguarding the rights and freedoms of mentally disordered persons who are alleged to have committed an offence.

This page describes the role of the Review Board in making and reviewing dispositions of accused persons who have been found by a Court to be "unfit to stand trial" or "not criminally responsible", because they suffer from a mental disorder. The mental health of accused persons can affect how their cases are handled by the Court in two key ways:

  1. Accused persons may be found unfit to stand trial because of mental disorder, or
  2. Not criminally responsible on account of mental disorder (NCRMD), at the time of the offence.

FITNESS TO STAND TRIAL

Persons accused of committing crimes are presumed to be mentally fit to stand trial, that is:
  • to understand the nature or object of the Court process
  • to understand the possible consequences
  • to be able to communicate with counsel.
If fitness to stand trial is called into question, a Court may order a psychiatric assessment to assist in determining the accused’s mental capacity to stand trial.

Where a Court finds an accused is mentally unfit to stand trial, the accused falls within the jurisdiction of the BC Review Board.

The Review Board must then hold a hearing to further assess the accused’s fitness to stand trial within either 45 or 90 days. Once it has re-examined and formed an opinion as to the Accused's fitness to stand trial (see above) the Board may also make a disposition.

In making a disposition the Review Board must consider:
  1. The protection of the public (whether the accused is dangerous)
  2. The accused’s mental condition
  3. The reintegration of the accused into society
  4. The accused's other needs.
In a "fitness" case there are only two dispositions available:
  1. That the accused be held in custody
  2. That the accused be discharged on conditions, which means that the accused is released with restrictions on his or her freedom.
When the Review Board determines the accused is fit to stand trial, the accused is returned to Court. The Court will once more try that issue and then render a verdict.


NOT CRIMINALLY RESPONSIBLE ON ACCOUNT OF MENTAL DISORDER (NCRMD)

Where a Court is satisfied that an accused person:
  1. Committed a criminal offence; and
  2. Because of a mental disorder was unable to appreciate the nature or quality of the act or of knowing it was wrong,
it may render a verdict of NCRMD. A verdict of NCRMD is an alternative to a verdict of acquittal or guilty.

After a person is found NCRMD, the BC Review Board must hold a hearing within either 45 or 90 days and make a disposition.

In making its disposition, the Review Board hears evidence from the Director of Forensic Psychiatric Services, the accused and the Crown, and must consider:
  1. The protection of the public (whether the accused is dangerous)
  2. The accused’s mental condition
  3. The reintegration of the accused into society
  4. The accused's other needs.
A disposition of the Review Board may consist of:
  1. An absolute discharge (similar to a pardon)
  2. A conditional discharge (eg. Supervision/counselling/prohibition against alcohol, drugs or weapons)
  3. Custody or detention in a designated psychiatric hospital, such as the Forensic Psychiatric Hospital.
An accused person who is not absolutely discharged is entitled to a review hearing at least every 12 months to reassess the extent to which the person poses a threat to the public as well as any restrictions or conditions which should be imposed on his or her liberties.

Conditions imposed by the Review Board are enforceable in the same manner as a probation order: failure to comply may result in arrest without warrant, and detention.

ABOUT THE REVIEW BOARD


Hearings of the BC Review Board are conducted by a panel consisting of a lawyer, a psychiatrist and a third person (such as a social worker).
  • In making a disposition, the BC Review Board receives information about the crime, the accused’s criminal and psychiatric history, and may hear from witnesses.
  • Hearings of the BC Review Board are open to the public except in certain circumstances. Victims may attend BC Review Board hearings as members of the public.
  • Accused persons have the right to be represented by legal counsel at hearings of the BC Review Board.
  • The Legal Services Society may provide legal representation to accused persons, either through the Mental Health Law Program or from the private bar. The BC Review Board can appoint counsel for the accused where the interests of justice require.
  • An accused person or other party may ask the BC Review Board to reassess/review that person’s status at any time.

 

RECENT AMENDMENTS TO THE CRIMINAL CODE OF CANADA

On May 19, 2005, Bill C-10, An Act to amend the Criminal Code (mental disorder) received Royal Assent (S.C. 2005 c.22)

As a result of the Supreme Court of Canada’s decision in R. v. Demers, the provisions of the Criminal Code which apply to an accused who is not dangerous but, by virtue of his/her mental condition is seen as permanently unfit to stand trial, were deemed unconstitutional (S.7, CHARTER).

The Court gave Parliament until June 30, 2005, to amend the scheme.

Bill C-10 provides for the Review Board to recommend that a court conduct an inquiry and order a judicial stay of proceedings for an unfit accused who is not likely to ever achieve fitness to stand trial and who is not a significant threat to public safety.

The aspects of Bill C-10 which enable the Review Board to order an assessment of the accused and which provide for judicial stay came into force June 30, 2005.

Other aspects of Bill C-10 will come into force on January 2, 2006, including

· provisions which enhance rights of notification and participation of victims at Review Board hearings;

· provisions which allow and, in some cases, require the Review Board to ban publication of the identities of (minor) victims and witnesses;

· amendments which clarify the process of the inter-provincial transfer of mentally disordered accused persons in the interests of their rehabilitation;

· a number of procedural and interlocutory matters including adjournment powers and enforcement options.

The polices and procedures required for the orderly implementation of these substantive amendments are a key aspect of the BC Review Board’s Fiscal Year 2005 – 2006 work plan and are being managed under a discrete project management regime.