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Forensic Assessment in Canada
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Forensic Assessment in Canada

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Questions and Answers

People who have a mental illness have to live with many negative attitudes that others have about ______.

them

The doctor must decide if you still meet the conditions for ______ admission.

involuntary

The doctor must decide if you still meet the criteria for ______ admission.

involuntary

A Form 4: 'Certificate of Renewal' will be used if you meet the criteria for ______ admission.

<p>involuntary</p> Signup and view all the answers

A doctor can only fill out Form 1 under conditions set out in the Ontario ______ Act.

<p>Mental Health</p> Signup and view all the answers

Some people do not want to stay in the ______.

<p>hospital</p> Signup and view all the answers

Being held in the ______ is part of the process if a doctor decides you need a longer inpatient psychiatric assessment.

<p>hospital</p> Signup and view all the answers

An accused is found unfit to stand trial if they are unable to understand the nature or object of proceedings due to ______ disorder

<p>mental</p> Signup and view all the answers

A provincial Criminal Code Review Board handles both UST and NCR accused under the auspices of the provincial Criminal Code Review ______

<p>Board</p> Signup and view all the answers

Review boards are independent quasi-judicial administrative tribunals mandated under the Canadian Criminal Code Review board hearings are held not less than ______ for each individual under their jurisdiction

<p>annually</p> Signup and view all the answers

The dispositions a review board can order include detention order, conditional discharge order, and absolute discharge ______

<p>order</p> Signup and view all the answers

The majority of the accused in the sample had prior contact with psychiatric services and/or the criminal justice ______

<p>system</p> Signup and view all the answers

The majority of the accused had a psychotic spectrum disorder and over half had a substance use ______ in the reporting year

<p>disorder</p> Signup and view all the answers

A range of index offences was observed, with the majority being ______ in nature

<p>violent</p> Signup and view all the answers

The Canadian forensic psychiatry system is comprised of a unique subset of justice-involved ______

<p>individuals</p> Signup and view all the answers

Psychotic spectrum disorders remain the most common diagnoses and substance use disorders are increasingly ______

<p>overrepresented</p> Signup and view all the answers

Substance use represents a critical risk factor, and it is imperative that interventions targeting substance use are increasingly incorporated into ______

<p>practice</p> Signup and view all the answers

A forensic assessment may be requested by a lawyer, Crown, or Judge to determine whether you are ______ to stand trial

<p>fit</p> Signup and view all the answers

If you are found Not Criminally Responsible, you may receive either an absolute discharge, a conditional discharge, or a ______ order

<p>detention</p> Signup and view all the answers

The Ontario Review Board (ORB) is composed of a panel that includes a psychiatrist, a mental health professional, a lawyer, and a community member with a background in ______ health

<p>mental</p> Signup and view all the answers

What is the primary role of the forensic mental health system?

<p>Reintegrate individuals into the community</p> Signup and view all the answers

What does 'forensic' mean in the context of the forensic mental health system?

<p>Connected to law or courts</p> Signup and view all the answers

Why does society believe it is unfair to punish individuals with mental illness for a criminal act?

<p>Because they may not understand their actions</p> Signup and view all the answers

What is the goal of the criminal justice system?

<p>Rehabilitate and reintegrate offenders</p> Signup and view all the answers

What is the main reason for involving individuals with mental illness in the forensic mental health system?

<p>To help them understand their actions</p> Signup and view all the answers

Which term describes when a person has trouble knowing what is real and refers to competence to stand trial?

<p>Mens Rea</p> Signup and view all the answers

In the context of mental illness, what does 'psychotic illnesses' primarily refer to?

<p>Difficulty understanding reality</p> Signup and view all the answers

What is the purpose of a forensic assessment requested by a lawyer, Crown, or Judge?

<p>To evaluate the defendant's mental state</p> Signup and view all the answers

'Dual diagnosis' in relation to mental health refers to a combination of:

<p>(Mental illness &amp; alcoholism)</p> Signup and view all the answers

Why does society have a forensic mental health system in place for individuals with mental illness?

<p>To provide rehabilitation and support instead of punishment</p> Signup and view all the answers

What is the criteria for being considered 'Unfit' to stand trial according to the Criminal Code of Canada?

<p>Failure to understand the consequences of the actions</p> Signup and view all the answers

What is a possible consequence for an individual found 'Not Criminally Responsible' for an offense?

<p>Mandatory psychiatric treatment</p> Signup and view all the answers

What decision-making body is responsible for determining ongoing aspects such as security level and hospital placement for individuals in the forensic mental health system?

<p>Ontario Review Board</p> Signup and view all the answers

What must happen for an individual to cease being under the authority of the Ontario Review Board (ORB)?

<p>Being granted an absolute discharge</p> Signup and view all the answers

Under what circumstances can an individual be forced to accept treatment in a forensic setting?

<p>If a doctor certifies incapacity to consent or refuse treatment</p> Signup and view all the answers

What is the role of the Ontario Forensic Mental Health System according to the text?

<p>Rehabilitation and community reintegration</p> Signup and view all the answers

Who decides whether an individual should be granted bail in a criminal case?

<p>Judge</p> Signup and view all the answers

What is one of the factors considered by the Ontario Review Board when determining if an individual could successfully live outside of a hospital?

<p>Past mental health status.</p> Signup and view all the answers

Who can work in the forensic mental health system?

<p>Psychiatrists and psychologists</p> Signup and view all the answers

What does a forensic assessment aim to determine?

<p>If you are fit to stand trial</p> Signup and view all the answers

What does involuntary admission in the hospital involve?

<p>Being held for up to two weeks with Form 4</p> Signup and view all the answers

Who decides if an individual should be granted bail?

<p>The judge</p> Signup and view all the answers

What role does a recreation therapist play in the forensic mental health system?

<p>Facilitating recreational activities</p> Signup and view all the answers

When can a doctor fill out Form 1 for involuntary admission?

<p>Under conditions specified in the Mental Health Act</p> Signup and view all the answers

What is the purpose of a Form 3 in the forensic mental health system?

<p>Extending involuntary hospital stay</p> Signup and view all the answers

"Double stigma" in the forensic mental health system refers to:

<p>&quot;Dangerous&quot; labeling and discrimination</p> Signup and view all the answers

Which term describes an accused who is unable to stand trial due to a mental disorder?

<p>Legally Incompetent</p> Signup and view all the answers

What is the most common disposition that a review board can order for an accused in the Canadian forensic psychiatry system?

<p>Detention Order</p> Signup and view all the answers

What percentage of the accused in the sample had a psychotic spectrum disorder?

<p>81.6%</p> Signup and view all the answers

In the study, what was observed as the majority type of index offenses committed by the accused?

<p>Violent Offenses</p> Signup and view all the answers

What type of risk factor is highlighted as imperative to target in interventions in the Canadian forensic psychiatry system?

<p>Substance Use Disorders</p> Signup and view all the answers

What percentage of the accused had prior contact with psychiatric services?

<p>83.1%</p> Signup and view all the answers

What is rendered if a court determines that an individual was suffering from a mental disorder at the time of the offense or omission?

<p>[[Not Criminally Responsible]] (NCR) verdict</p> Signup and view all the answers

'Legally Incompetent' refers to an accused who cannot understand the nature or object of proceedings due to what condition?

<p>[[Mental Illness]]</p> Signup and view all the answers

Study Notes

Forensic Mental Health in Ontario: An Information Guide

  • The mental health system is a network of people and services that care for individuals with mental illnesses.

Why do we have a Forensic Mental Health System?

  • It is unfair to punish individuals for criminal acts if they have a mental illness that prevents them from understanding their actions or the consequences of their actions.
  • The system aims to help rehabilitate and reintegrate individuals into the community, rather than punish them.

Myths about Mental Illness

  • People with mental illnesses are not inherently dangerous or violent.
  • Stigma surrounding mental illnesses leads to discrimination, disrespect, and worse.
  • Individuals in the forensic mental health system face a "double stigma" due to unfair labeling.

Who Works in the Forensic Mental Health System?

  • Police
  • Defense and Crown Counsel
  • Judges
  • Court support workers and diversion programs
  • Psychiatrists and psychologists
  • Nurses and social workers
  • Recreation therapists and occupational therapists
  • Patient advocates and rights advisers

The Role of the Judge

  • Decides if an individual should be granted bail
  • Decides if an individual's mental health should be assessed
  • Decides if an individual is fit to stand trial based on the mental health assessment
  • Decides if an individual is not criminally responsible due to mental illness
  • Decides the sentence if an individual is found guilty

Psychiatrists

  • Medical doctors with special training in assessing and treating mental illnesses
  • Can prescribe medications to treat symptoms, provide therapy or counseling, and assess individuals who may have a mental illness
  • Conduct forensic assessments for the court

Entering the Forensic Mental Health System

  • Individuals can enter the system through police charges, hospital assessments, or release without charges
  • The Mental Health Act has strict rules for hospitalization against one's will

What Happens After Arrest?

  • Individuals can be taken to a hospital for assessment under the Mental Health Act
  • Release without charges is possible
  • Hospitalization against one's will is only possible under specific conditions outlined in the Mental Health Act

Forensic Assessment

  • Can be ordered by a lawyer, Crown, or judge
  • Determines fitness to stand trial, criminal responsibility, or sentence
  • May include assessment of an individual's mental health, fitness to stand trial, or criminal responsibility

Ontario Review Board (ORB)

  • Oversees individuals found not criminally responsible or unfit to stand trial
  • Makes decisions regarding an individual's level of security, hospital placement, privileges, and supervision in the community
  • Considers an individual's risk to the public, mental health, and integration into society### Fitness to Stand Trial
  • A lawyer, Crown, or Judge may request a forensic assessment to determine if an individual is fit to stand trial.
  • Fitness is determined by the court, not by the mental illness itself.
  • According to the Criminal Code of Canada, an individual is unfit if they cannot:
  • Understand the nature, object, or consequences of court proceedings.
  • Communicate with and instruct their lawyer.

Treatment Orders

  • If found unfit, a judge may order treatment with medication to make the individual fit.
  • The individual must take the prescribed medication, which may be administered by injection or orally if refused.
  • If still unfit after 60 days, the individual is placed under the authority of the Ontario Review Board (OBR).

Determining Criminal Responsibility

  • A forensic assessment may be requested to determine if a mental illness affected the individual's actions at the time of the alleged offence.
  • The individual may be found "Not Criminally Responsible" (NCR) if a mental disorder prevents them from:
  • Appreciating the nature of their actions.
  • Knowing that their actions were wrong.

Forensic Assessment

  • A forensic psychiatrist may assess the individual in jail, a courthouse, or a hospital.
  • The assessment is presented in court in a report, and the judge makes a decision based on the report.

Ontario Review Board (OBR)

  • A panel consisting of a psychiatrist, mental health professional, lawyer, and community member with a background in mental health.
  • The panel makes ongoing decisions about the individual, including:
  • Level of security required.
  • Hospital placement.
  • Privileges and supervision in the community.
  • Decisions are made by a majority vote, considering:
  • Risk to the public.
  • Current mental health.
  • Past year's mental health.
  • Integration into society.
  • Potential for successful living outside of a hospital.

Ending the Relationship with the OBR

  • An individual is no longer under the OBR's authority when:
  • Granted an absolute discharge.
  • Fit to stand trial.

Mandatory Treatment in Forensic Settings

  • An individual cannot be forced to accept treatment unless:
  • A doctor signs a certificate stating they are incapable of consenting or refusing.
  • Found unfit to stand trial and a judge orders treatment.

The Ontario Forensic Mental Health System

  • A population-based review of the Ontario forensic mental health system.
  • Legislative changes and landmark court cases contributed to the growth of the forensic psychiatry population.
  • The OBR oversees one of the largest numbers of forensic facilities and forensic patients in Canada.

Canadian Legislation

  • An accused is found unfit to stand trial (UST) if they are unable, due to mental disorder, to:
  • Understand the nature or object of proceedings.
  • Communicate with counsel.
  • An NCR verdict is rendered if the court determines that the individual was suffering from a mental disorder at the time of the offence.

Population-Based Review

  • A study reviewing the Ontario forensic mental health system.
  • Methods: Data collected on 1,240 accused adults under the OBR's jurisdiction between 2014 and 2015.
  • Results: The majority of the sample was male, single, unemployed, and had a high school education.
  • Most were on a detention order, and almost half were living in the community at the time of the report.
  • The majority had prior contact with psychiatric services and/or the criminal justice system.

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Learn about forensic assessment in Canada, including when it is ordered and what it entails. Understand the criteria for assessing fitness to stand trial, criminal responsibility, pre-sentence evaluation, and dangerous offender assessment as per the Criminal Code of Canada.

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