MENTAL HEALTH COURT
The Mental Health Court is a project of the Provincial Court
of Newfoundland and Labrador (St. John’s), the Public Prosecutions Division
of the Department of Justice, the Mental Health Project of the
Newfoundland and Labrador Legal Aid Commission, Eastern Health
and Corrections and Community Services.
The Court is designed to provide an increased level of support,
both medical and community-based, to accused persons appearing
before it. The Mental Health Court is based on the recognition
that certain offenders who suffer from a mental disorder may
commit offences as a consequence of their mental disorder or due
to lifestyle issues related to their mental disorder such as
inadequate or inappropriate housing, lack of employment, lack of
support, noncompliance with medications and inappropriate self
medication with alcohol or drugs. Health care professionals and
corrections personnel provide medical support and community
based support to the individuals who are accepted into the
Court.
The Mental Health Court deals with criminal offences that do not
raise an overriding public interest in proceeding. This Court is
not intended to replace the regime in the
Criminal
Code for cases falling under the categories of either
“unfit” or “not criminally responsible”.
All persons wishing to appear in Mental Health Court must make
an application to transfer their case to the Court. For
additional information regarding this process, please refer to
the
Specialty Court Application Process Practice Note and
Schedule A. While the Crown may ultimately exercise its
discretion to withdraw or stay the charges, based upon all the
circumstances of the case and the offender, the fact that the
Crown is not contemplating a withdrawal or stay of the charges
will not exclude an applicant from Mental Health Court.
Eligibility for Mental Health Court will be determined based on
the following criteria:
- The accused has been granted judicial interim release
with respect to the offence(s) prior to applying for
transfer to Mental Health Court;
- Criminal responsibility will not be raised unless the issue
is not contested by the opposing party;
- The accused has been diagnosed with a mental disorder which
is persistent and recurring;
- The circumstances of the offence(s) relate to the mental
disorder or lifestyle issues related to the disorder;
- It is determined that supports can be put in place that will
alter the accused’s situation to an extent that will address the
protection of the public with a realistic prospect that the
impugned behaviour will be minimized or eliminated;
- The accused acknowledges that the acts complained of
constitute a criminal offence(s), admits responsibility for
them, will accept the programming and supports offered, and will
comply with any required conditions;
- The offence(s) is one where a community based
disposition is available. Offences for which any mandatory
minimum period of imprisonment does not exceed six months
may be considered subject to the agreement of the Crown and
the Defence; and
- The background of the accused, including criminal record,
will be assessed. A prior criminal record or previous
involvement with the Mental Health Court is not necessarily a
bar; however, it will be used in determining suitability.
If accepted into the Mental Health Court, the accused must
enter into a pre-trial release contract setting out the terms
and conditions of his/her release including conditions aimed at
addressing the particular needs of the accused. The accused must
also sign a waiver stipulating that failure to comply with the
pre-trial release contract may result in transfer of the
proceeding from the Mental Health Court to a trial court. As
well, the accused must understand that failure to comply with
release conditions may result in additional charges. In the
event that new charges result in the denial of judicial interim
release, all matters shall be returned to the trial court absent
agreement by the Crown and the Defence.
The Crown will consent to an adjournment period to enable the
accused to attend any programming as recommended by his/her
doctor, the Mental Health Court support team or other health
professional, provided that any such adjournment takes into
account the needs and concerns of any victims of the offence and
proper consideration for the protection of the public.
At the end of the adjournment period, if the Crown declines to
withdraw or stay the charges, there will be a sentence hearing.
If there has been substantial compliance with the programming
and supports regime, and no new offences have been committed,
then the sentence may be crafted to address the special needs of
the offender. Possible sentence options include probation or
conditional sentence of imprisonment with conditions aimed at
supporting the offender and preventing a new offence; however,
appropriate custodial options may also be recommended.
The Mental Health Court has been operating in St. John’s since
2005. It sits every second Wednesday afternoon in courtroom # 8
at 2:00 p.m., alternating with the Family Violence Intervention
Court.
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