Wed03222017

Last updateWed, 01 Oct 2014 1pm

672.12 (1)(3) Assessment for Criminal Responsibility Before Trial - (news flash)

"Assessment orders to determine whether the accused was suffering from mental disorder at the time of the offense so as to be exempt from criminal responsibility for a crime committed circumvents the right to a trial when it is before trial and successful, a basic human rights violation. It still has not been corrected in the Canadian Criminal Code because of its use by organized crime, the mob, they prevent anyone from addressing this charter of rights and constitutional violation."

Where court may order assessment
672.12 (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.
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.
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.

 

See the DISCRIMINATION, MENTAL ILLNESS AND THE RIGHT TO A TRIAL, CANADIAN HUMAN RIGHTS VIOLATION article and the Discrimination page for more on this issue.