The Role of the Crown Attorney in the Mental Health Court
Currently one dedicated full time and one part time senior Assistant Crown Attorney staff the Mental Health Court to ensure continuity and maximize effective decision-making with this special population.
The Crown oversees the flow of cases into the Court. Typically eligible cases will include those where the accused’s fitness to stand trial is in issue, those where the special resources the court has to offer best serve the accused’s mental health issues in terms of bail hearings and judicial interim supervision, mental health diversion cases and cases which can be resolved by way of plea or case management. The prosecution of mentally disordered accused requires an ongoing assessment of public safety considerations, and the public interest in prosecuting individual cases.
The Crown screens cases eligible for mental health diversion, and implements the Crown Policy on Diversion of Mentally Disordered/Developmentally Disabled Offenders. This policy was instituted to provide an alternative to formal prosecution of vulnerable accused. The Crown must be satisfied that the accused suffers from a mental disorder or developmental delay that contributed to the commission of the offence, that the offence is appropriate for diversion, there is a reasonable prospect of conviction of the matter, and it is not inconsistent with public safety to divert the matter. The Crown reviews the evidence as it relates to these criteria and in so doing balance the needs of the offender with the safety of the public, which is paramount. In so doing the Crown regularly consults with the police, complainants and mental health professionals.
If diversion preconditions are met, and the accused consents to proceeding in this fashion, the matter is referred to the court mental health worker who will link the accused with relevant treatment options, housing and community support programs. This process necessitates a number of meetings, coordinated by court appearances while the diversion program is being case managed. The program necessitates some sharing of information between the court mental health worker and the Crown. The Crown stays the criminal charges after the accused has been successfully integrated with appropriate community supports and has achieved a level of stability in the community.
As part of its daily business, and in addition to traditional criminal prosecutions, the Mental Health Court Crown regularly requests orders relating to assessments of fitness and criminal responsibility, conducts fitness hearings and treatment order applications and hearings. Given the developed expertise in this area, the Mental Health Court Crown often liaises with other criminal justice and health partners in educational, public policy and community forums.
In addition to proceedings governed by Part XX.1 of the Criminal Code, bail hearings, resolution meetings, sentencing hearings and Not Criminally Responsible trials are a regular part of the Crown’s business in 102 Court.
A federal prosecutor from the Public Prosecution Service of Canada (PPSC) also appears as needed when federally-prosecuted matters (generally drug offences) are in the court.
Toronto Police Service Mandate and Purpose
The purpose of Toronto Police Service is to provide effective, efficient and economical support in all areas of managing court locations, prisoner transportaton, document service, and monitoring offenders on bail or parole.
TPS Court Services is responsible for:
- Providing adequate and secure supervision and detention for all persons in custody
- Transportation of persons in custody to and from court
- Ensureing the security of members of the judiciary and all persons participating in court proceedings
- Liaising with the Crown Attorney's office
- Interaction with other agencies who have a vested interest in persons in custody
The Toronto Police Service Community Mobilization Unit further provides support to the community that it serves through liaison with community organizations and agencies in support of local community initiatives. This includes a liason officer coordinating, developing, implementing and evaluating services relating to Mental Health issues.
Further information can be obtained by contacting the TPS Mental Health and Vulnerable Persons co-ordinator at: 416-808-7040.
Centre for Addiction and Mental Health (‘CAMH’)
Law and Mental Health Program
Assessment Services in 102 Court
The Centre for Addiction and Mental Health provides brief assessments of fitness-to-stand trial to the Mental Health Court through the provision of on-site psychiatric staff for five half-days per week.
Verbal opinions regarding fitness and related forensic issues are presented in the court environment immediately following the assessment by psychiatric clinicians from the Centre for Addiction and Mental Health.
If further investigation into the issue of fitness to stand trial is thought to be required, the Centre for Addiction and Mental Health, Law and Mental Health Program, provides these services through the Brief Assessment Unit; an out-of-custody assessment, or through the Assessment and Triage Unit; an in-patient assessment. Referral to both services requires a judicial order, a mandatory pre-requisite for psychiatric consultation.
The Crown policy on mental health diversion was introduced in 1994 and involved an agreement between the Ministry of Health and Long Term Care and the Ministry of the Attorney General. The policy states that if an individual suffering from a mental illness has committed a low-risk offence, and a treatment facility was willing to accept the individual, the Crown had the discretion to withdraw the charges.
The primary goals of diversion are the avoidance of criminalization and the opportunity for engagement with mental health service providers.
To assist with facilitating the diversion process, the Centre for Addiction and Mental Health provides brief assessment and consultative services by staff psychiatrists who are on-site at the Mental Health Court for two days per week. Referral to the service requires the voluntary participation of the client and written consent provided by the client’s duty/defense counsel.
Courtroom Clerks in Mental Health Court
At the Old City Hall, courtroom clerks scheduled in our designated Mental Health Court (Courtroom 102) play a vital role in court proceedings. The courtroom clerk provides extra assistance to accused persons with mental health issues and expedites post court procedures. These procedures provide prompt information as well as delaying wait times that often exacerbate the issues related with accused persons suffering of mental illness.
The courtroom clerk types all release orders in the courtroom. The presiding justice then signs the order. This allows the accused person to contact mental health workers and caseworkers more quickly due to the centralized process. As a result, the requirement for accused persons to attend multiple offices for release is eliminated.
The courtroom clerk also ensures that the appropriate mental health agency receives a copy of the order as soon as possible. This permits the reporting office to review the order prior to the accused attending at the office. In addition, the courtroom clerk prepares all orders pertaining to mental health issues on-line via an in-court computer and printer. The types of forms processed include assessment orders, treatment orders, warrant of committal and all forms issued under the Mental Health Act.
The courtroom clerk faxes all orders, Informations, reports and crown packages to the various mental health facilities and to the Ontario Review Board. This allows the hospital and the board to review all information about a patient prior to the patient arriving at the facility.
Accused persons with mental health issues often miss court dates and require assistance with the processes involved dealing with a “non-appearance”. Courtroom clerks often assist the accused by calming them down and directing them to duty counsel who will explain the process to them.
The courtroom clerk in 102 court plays a vital role in reducing the required wait times by assisting the other key stakeholders in providing a complete in-court process which serves a great purpose for both our internal and external partners in Old City Hall’s Mental Health Court.
Community Resources Consultants of Toronto:
Mental Health Court Support Services
The purpose of Mental Health Diversion is to assist people who are considered appropriate for diversion to access and use mental health and other services and supports. The referral for Mental Health Diversion is made with the approval of the provincial Crown Attorney.
The Mental Health Court Worker (MHCW) will arrange to meet with the person to assess his or her situation and needs. This will include an assessment of the person's mental health status, their current living situation, available supports and linkages to psychiatric and other services.
Following the assessment, the MHCW will make recommendations to the person about what services might be appropriate for the development of the diversion plan, and obtain the approval of the provincial Crown Attorney. The plan could include psychiatric assessment and treatment, securing resources to meet their basic needs (shelter, food, clothing) and finding short-term or long-term community supports. The MHCW and the person will agree to a plan, which is acceptable to the provincial Crown Attorney. The MHCW will assist the person to access and use the identified services and supports, and provide short-term support.