Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-06-12 and last amended on 2014-06-01. Previous Versions

Assessment Orders

Marginal note:Assessment order

 A court having jurisdiction over an accused in respect of an offence may order an assessment of the mental condition of the accused, if it has reasonable grounds to believe that such evidence is necessary to determine

  • (a) whether the accused is unfit to stand trial;

  • (b) whether the accused was, at the time of the commission of the alleged offence, suffering from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection 16(1);

  • (c) whether the balance of the mind of the accused was disturbed at the time of commission of the alleged offence, where the accused is a female person charged with an offence arising out of the death of her newly-born child;

  • (d) the appropriate disposition to be made, where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial has been rendered in respect of the accused; or

  • (e) whether an order should be made under section 672.851 for a stay of proceedings, where a verdict of unfit to stand trial has been rendered against the accused.

  • 1991, c. 43, s. 4;
  • 1995, c. 22, s. 10;
  • 2005, c. 22, s. 2.
Marginal note:Where court may order assessment
  •  (1) The court may make an assessment order at any stage of proceedings against the accused of its own motion, on application of the accused or, subject to subsections (2) and (3), on application of the prosecutor.

  • Marginal note:Limitation on prosecutor’s application for assessment of fitness

    (2) Where the prosecutor applies for an assessment in order to determine whether the accused is unfit to stand trial for an offence that is prosecuted by way of summary conviction, the court may only order the assessment if

    • (a) the accused raised the issue of fitness; or

    • (b) the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is fit to stand trial.

  • Marginal note:Limitation on prosecutor’s application for assessment

    (3) Where the prosecutor applies for an assessment in order to determine whether the accused was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility, the court may only order the assessment if

    • (a) the accused puts his or her mental capacity for criminal intent into issue; or

    • (b) the prosecutor satisfies the court that there are reasonable grounds to doubt that the accused is criminally responsible for the alleged offence, on account of mental disorder.

  • 1991, c. 43, s. 4.
Marginal note:Review Board may order assessment

 The Review Board that has jurisdiction over an accused found not criminally responsible on account of mental disorder or unfit to stand trial may order an assessment of the mental condition of the accused of its own motion or on application of the prosecutor or the accused, if it has reasonable grounds to believe that such evidence is necessary to

  • (a) make a recommendation to the court under subsection 672.851(1); or

  • (b) make a disposition under section 672.54 in one of the following circumstances:

    • (i) no assessment report on the mental condition of the accused is available,

    • (ii) no assessment of the mental condition of the accused has been conducted in the last twelve months, or

    • (iii) the accused has been transferred from another province under section 672.86.

  • 2005, c. 22, s. 3.