This form is contained in the Criminal Code. It has been modified slightly in order to permit the administrator of the hospital to return the accused to court earlier than anticipated if the assessment is complete prior to the return date on the information.

When an accused is to be returned to court earlier than anticipated, the administrator issues a letter which authorizes the wagon to pick up the accused and take the accused to court. The administrator contacts the court clerk at court room 102, who adds the information to the list. Duty counsel will notify counsel if the accused has retained counsel or, alternatively, take instructions.

FORM 48

(Section 672.13)

ASSESSMENT ORDER OF THE COURT

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with _________, may be necessary to determine*

q   whether the accused is unfit to stand trial

q   whether the accused suffered from a mental disorder so as to exempt the accused from criminal responsibility by virtue of subsection 16(1) of the Criminal Code at the time of the act or omission charged against the accused

q   whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, if the accused is a female person charged with an offence arising out of the death of her newly-born child

q   if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, the appropriate disposition to be made in respect of the accused pursuant to section 672.54 or 672.58 of the Criminal Code

q   if a verdict of unfit to stand trial has been rendered in respect of the accused, whether the court should order a stay of proceedings under section 672.851 of the Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of ____ days.

This order is to be in force for a total of ____ days, including travelling time, during which time the accused is to remain*

q   in custody at (place where accused is to be detained)

q   out of custody, on the following conditions: (set out conditions, if applicable)

* Check applicable option.

Dated this _____ day of ____________ a.d. ______, at __________ .

__________________________________________________________
(Signature of justice or judge or clerk of the court, as the case may be)

This form is contained in the Criminal Code. It appeared for the first time with the proclamation of Bill C-10. It may be used by the Review Board to order the assessment of the accused pursuant to the provisions of section 672.121 of the Criminal Code.

FORM 48.1

(Section 672.13)

ASSESSMENT ORDER OF THE REVIEW BOARD

Canada,

Province of

(territorial division)

Whereas I have reasonable grounds to believe that evidence of the mental condition of (name of accused), who has been charged with ______, may be necessary to*

q if a verdict of unfit to stand trial or a verdict of not criminally responsible on account of mental disorder has been rendered in respect of the accused, make a disposition under section 672.54 of the Criminal Code

q if a verdict of unfit to stand trial has been rendered in respect of the accused, determine whether the Review Board should make a recommendation to the court that has jurisdiction in respect of the offence charged against the accused to hold an inquiry to determine whether a stay of proceedings should be ordered in accordance with section 672.851 of the Criminal Code

I hereby order an assessment of the mental condition of (name of accused) to be conducted by/at (name of person or service by whom or place where assessment is to be made) for a period of ________ days.

This order is to be in force for a total of ________ days, including travelling time, during which time the accused is to remain*

q in custody at (place where accused is to be detained)

q out of custody, on the following conditions: (set out conditions, if applicable)

* Check applicable option.

Dated this ________ day of ________________ a.d. ____ , at ________ .

_______________________________________
(Signature of Chairperson of the Review Board)

Treatment Order (Section 672.58)

This form is not contained in the Criminal Code. The following form is a creation of one of this book’s authors, Richard Schneider. It is a modified version of a form produced the the Ontario Ministry of the Attorney General. It has been modified slightly in order to permit the administrator of the hospital to return the accused to court earlier than anticipated if the treatment has been successful, and the accused rendered fit, prior to the return date on the information.

When an accused is to be returned to court earlier than anticipated, the administrator issues a letter which authorizes the delivery of the accused back to court. The administrator contacts the court clerk at court room 102, who adds the information to the list. Duty counsel will notify counsel if the accused has retained counsel or, alternatively, take instructions.

TREATMENT ORDER

Ontario Court of Justice

CANADA               Section 672.58

PROVINCE OF ONTARIO

Toronto

(Region)

WHEREAS (hereinafter referred to as the “Accused”) (name of accused) has been charged with the following offence(s) (charges)

AND WHEREAS the accused was found unfit to stand trial on (today’s date) by (name of Judge or Justice)

AND WHEREAS the prosecutor has applied for a treatment order pursuant to section 672.58 of the Criminal Code

AND WHEREAS the Court is satisfied on the basis of testimony of a medical practitioner that:

i)   a specified treatment should be administered to the accused for the purpose of making the accused fit to stand trial within a period not to exceed 60 days;

ii) without the treatment the accused is likely to remain unfit to stand trial;

iii) the risk of harm to the accused from the treatment is not disproportionate to the benefit anticipated to be derived; and

iv) the treatment is the least restrictive and least intrusive that could be provided for the purpose.

AND WHEREAS the following person or persons have given their consent as required by s. 672.62:

______________________ the person in charge of the hospital where the accused is to be treated or

______________________ the person to whom responsibility for the treatment of the accused has been assigned by the court.

I HEREBY DIRECT the treatment of the accused is to be conducted by/at (Name of person or service by whom or place where treatment is to be administered) for a period of _____ days (Not to exceed 60 days)

I HEREBY DIRECT that the specific treatment to be administered to the accused be as follows:

I HEREBY DIRECT that during the time of the treatment the accused is to remain: (Check applicable option)

q in custody at _____________ and shall return to 102 court (place where accused to be detained) on _________ at ___________ or such earlier date specified by the Administrator of the hospital. (return date) (time)

q out of custody, on the following conditions: (set out conditions, where applicable)

Dated at the City of Toronto this ______________________ (today’s date)

______________________________Signature of Judge or Justice as the case may be

“Keep Fit” Order (Section 672.29)

This form is not contained in the Criminal Code. It is the creation of one of this book’s authors, Richard Schneider. It covers the provisions of section 672.29 of the Criminal Code, which allow for an accused who obtains a verdict of “fit to stand trial” to be hospitalized until the completion of his trial in order to preserve fitness. It is to be used to preserve fitness only after the issue has been tried.

CANADA               Section 672.29

PROVINCE OF ONTARIO

Toronto

(Region)

WARRANT OF COMMITTAL

Detention of Accused in Hospital Until Completion of Trial (672.29)

To the peace officers in the said region, and to the keeper (administrator, warden) of the ______________________ (prison, hospital or other appropriate place where the accused is currently detained)

This warrant is issued for the committal of: (hereinafter called the accused) (accused name)

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused was charged)

And whereas the accused, upon a trial of the issue, has been found FIT TO STAND TRIAL and there are reasonable grounds to believe that the accused would become unfit to stand trial if released.

It is therefore Ordered, pursuant to the provisions of section 672.29 of the Criminal Code of Canada, that you, ____________________in her Majesty’s name, take the accused in custody and convey the accused safely to the ______________________ (hospital) and there deliver the accused to the Administrator with the following precept:

I do therefore command you the said Administrator to receive the accused In your custody in the said hospital and to keep the accused safely there until the completion of the accused’s trial or such earlier time as may be Ordered.

Dated at the City of Toronto this ______________________ (today’s date)

________________________________________

Signature of Judge or Justice as the case may be

Hospital Pending Review Board (Section 672.46(2))

This form is not contained in the Criminal Code. It is the creation of one of this book’s authors, Richard Schneider. The following form covers the provisions of subsection 672.46(2) of the Criminal Code, which permit the court to place an accused, upon the verdict of either unfit or NCR, in hospital pending the accused’s hearing before the Ontario Review Board, rather returning the accused to jail.

CANADA               Section 672.46(2)

PROVINCE OF ONTARIO

Toronto

(Region)

WARRANT OF COMMITTAL

Detention of Accused in Hospital Pending Disposition of the Ontario Review Board (672.46(2))

To the peace officers in the said region, and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is currently detained)

This warrant is issued for the committal of: (hereinafter called the accused) (accused name)

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused was charged)

And whereas the accused, upon a trial of the issue, has been found

Check One

q UNFIT TO STAND TRIAL

q NOT CRIMINALLY RESPONSIBLE ON ACCOUNT OF MENTAL DISORDER,

    and a Disposition has not been held pursuant to the provisions of sections 672.54,

It is therefore Ordered, pursuant to the provisions of section 672.46(2) of the Criminal Code of Canada, that you, in her Majesty’s name, take the accused in custody and convey the accused safely to the (hospital) and there deliver the accused to the Administrator with the following precept:

I do therefore command you the said Administrator to receive the accused in your custody in the said hospital and to keep the accused safely there until a hearing has been held by the Ontario Review Board and a Disposition made.

Dated at the City of Toronto this ______________________ (today’s date)

________________________________________

Signature of Judge or Justice as the case may be

Disposition: Detention in Hospital (Section 672.54(c))

Form 49

This form is contained in the Criminal Code. It is used where the court makes a disposition (for either an unfit or an NCR) pursuant to the provisions of section 672.54(c). This form, along with a “New Accused Information Sheet” filled out by the Crown, is sent to the Review Board within forty-eight hours. Note that any disposition of the court (other than section 672.54(a)) is reviewed by the Review Board within ninety days.

FORM 49

(Section 672.57)

WARRANT OF COMMITTAL

DISPOSITION OF DETENTION

Canada,

Province of

(territorial division)

To the peace officers in the said (territorial division) and to the keeper (administrator, warden) of the (prison, hospital or other appropriate place where the accused is detained).

This warrant is issued for the committal of A.B., of ___________, (occupation), hereinafter called the accused.

Whereas the accused has been charged that (set out briefly the offence in respect of which the accused was charged);

And whereas the accused was found*

q unfit to stand trial

q not criminally responsible on account of mental disorder

This is, therefore, to command you, in Her Majesty’s name, to take the accused in custody and convey the accused safely to the (prison, hospital or other appropriate place) at _______, and there deliver the accused to the keeper (administrator, warden) with the following precept:

I do therefore command you the said keeper (administrator, warden) to receive the accused in your custody in the said (prison, hospital or other appropriate place) and to keep the accused safely there until the accused is delivered by due course of law.

The following are the conditions to which the accused shall be subject while in your (prison, hospital or other appropriate place):

The following are the powers regarding the restrictions (and the limits and conditions on those restrictions) on the liberty of the accused that are hereby delegated to you the said keeper (administrator, warden) of the said (prison, hospital or other appropriate place):

* Check applicable option.

Dated this ____ day of __________ a.d. _______, at ________ .

______________________________________________________________________

(Signature of judge, clerk of the court, provincial court judge or chairperson of the Review Board)

Disposition: Discharge Subject to Conditions (Section 672.54(b))

Disposition

This form is not contained in the Criminal Code. It is the creation of one of this book’s authors, Richard Schneider. Parliament did not include a form for the making of a disposition where the disposition is not a custodial one. Where the accused is to be discharged absolutely (section 672.54(a)), no form is required; however, where the accused is to be discharged subject to conditions (section 672.54(b)), the following form may be used to record the disposition.

CANADA               Section 672.54 (b)

PROVINCE OF ONTARIO

Toronto

(Region)

DISPOSITION

Accused Out of Custody

WHEREAS (hereinafter referred to as the “Accused”) (name of accused) has been charged with (set out briefly the offence in respect of which the accused was charged)

And whereas the accused, upon a trial of the issue, has been found

Check One

q UNFIT TO STAND TRIAL

q NOT CRIMINALLY RESPONSIBLE ON ACCOUNT OF MENTAL DISORDER,

and a hearing has taken place pursuant to the provisions of section 672.47(1) of the Criminal Code of Canada and it has been determined that the least onerous and least restrictive Disposition is that the accused be discharged subject to conditions, it is Ordered that: [list terms of Discharge]

THIS IS THEREFORE TO COMMAND you, ______________________, in Her Majesty’s name, to comply with the terms of this Disposition and, upon Notice, to appear before the Ontario Review Board as directed.

Dated at the City of Toronto this ______________________ (today’s date)

________________________________________

Signature of Judge or Justice as the case may be

Hospital Assessment: Out of Custody

Form 6: Assessment by a Hospital of an Accused who is Out of Custody^[1]

This form reflects the provisions of subsection 21(1) of the Mental Health Act of Ontario. These provisions allow for the assessment of an accused who appears before the court out of custody. Note that a precondition to the making of the order is the consent of the prospective assessing facility.

Ministry of Health

Form 6   Mental Health Act

Order for Attendance for Examination

Subsection 21(1) of the Act

In the (name of court) held at (address)

TO (name of psychiatric facility)

WHEREAS (name of person in full) (address)

AND WHEREAS he/she has appeared before me and I have reason to believe that he/she suffers from mental disorder;

AND WHEREAS I have ascertained from (name of senior physician, as defined in the Act) the senior physician of (name of psychiatric facility) that the services of the said psychiatric facility are available to the above-named person;

I HEREBY ORDER that the above-named person attend, by appointment, the said psychiatric facility for examination;

________________________ (Judge)

Date ________________________ (day / month / year)

©Queen’s Printer for Ontario, 1990. This is an unofficial version of Government of Ontario legal materials.

Hospital Assessment: In Custody

Form 8: Assessment by a Hospital of an Accused who is In Custody^[2]

This form reflects the provisions of subsection 22(1) of the Mental Health Act of Ontario. These provisions allow for the assessment of an accused who appears before the court in custody. Note that a precondition to the making of the order is the consent of the prospective assessing facility.

Ministry of Health

Form 8   Mental Health Act

Order for Admission

Subsection 22(1) of the Act

In the (name of court) held at (address)

TO the Peace Officers in the _____________________ of ______________________

AND TO (name of psychiatric facility)

WHEREAS (name of person in full) (address) is a person charged with (offence) contrary to section ___________________ of the ___________________;

AND WHEREAS he/she has appeared before me and I have reason to believe that he/she suffers from mental disorder;

AND WHEREAS I have ascertained from (name of senior physician, as defined in the Act) the senior physician of (name of psychiatric facility) that the services of the said psychiatric facility are available to the above-named person;

I HEREBY ORDER that the above-named shall be remanded for admission as a patient to the said psychiatric facility for a period of not more than ____________________;

AND I FURTHER ORDER and direct you, the said Peace Officers, or any of you, to convey him/her to said psychiatric facility;

AND I AUTHORIZE you, the authorities of said psychiatric facility, to admit him/her in accordance with this order.

________________________ (Judge)

Date ________________________ (day / month / year)

©Queen’s Printer for Ontario, 1990. This is an unofficial version of Government of Ontario legal materials.