Appendix 2
Federal, provincial and territorial legislation

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Federal legislation with provisions on mental health

Legislation

Criminal Code of Canada

(R.S., 1985, c. C-46 )

Provisions relating to mental health

Fitness to stand trial

2.0 "Unfit to stand trial" is defined as being unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to (a) understand the nature or object of the proceedings, (b) understand the possible consequences of the proceedings, or (c) communicate with counsel;

Not criminally responsible on account of mental disorder

16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong.
(2) Every person is presumed not to suffer from a mental disorder so as to be exempt from criminal responsibility by virtue of subsection (1), until the contrary is proved on the balance of probabilities. (3) The burden of proof that an accused was suffering from a mental disorder so as to be exempt from criminal responsibility is on the party that raises the issue.

Legislation

Youth Criminal Justice Act

(2002, c. 1 )

Provisions relating to mental health

Court-ordered medical/psychological/psychiatric reports for purposes of sentencing, application for adult sentence, etc.

34. (1) A youth justice court may, at any stage of proceedings against a young person, by order require that the young person be assessed by a qualified person who is required to report the results in writing to the court, (a) with the consent of the young person and the prosecutor; or (b) on its own motion or on application of the young person or the prosecutor, if the court believes a medical, psychological or psychiatric report in respect of the young person is necessary for a purpose mentioned in paragraphs (2)(a) to (g) and(i) the court has reasonable grounds to believe that the young person may be suffering from a physical or mental illness or disorder, a psychological disorder, an emotional disturbance, a learning disability or a mental disability, (ii) the young person's history indicates a pattern of repeated findings of guilt under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, or (iii) the young person is alleged to have committed a serious violent offence.

Intensive rehabilitative custody and supervision order

42 (7) A youth justice court may make an intensive rehabilitative custody and supervision order under paragraph (2)(r) in respect of a young person only if

1. either

   1. the young person has been found guilty of an offence under one of the following provisions of the Criminal Code, namely, section 231 or 235 (first degree murder or second degree murder within the meaning of section 231), section 239 (attempt to commit murder), section 232, 234 or 236 (manslaughter) or section 273 (aggravated sexual assault), or

   2. the young person has been found guilty of a serious violent offence for which an adult is liable to imprisonment for a term of more than two years, and the young person had previously been found guilty at least twice of a serious violent offence;

2. the young person is suffering from a mental illness or disorder, a psychological disorder or an emotional disturbance;

3. a plan of treatment and intensive supervision has been developed for the young person, and there are reasonable grounds to believe that the plan might reduce the risk of the young person repeating the offence or committing a serious violent offence; and

4. the provincial director has determined that an intensive rehabilitative custody and supervision program is available and that the young person's participation in the program is appropriate.

Legislation

Corrections and Conditional Release Act

(1992, c. 20)

Provisions relating to mental health

86. (1) The Service shall provide every inmate with (a) essential health care; and (b) reasonable access to non-essential mental health care that will contribute to the inmate's rehabilitation and successful reintegration into the community.

87. The Service shall take into consideration an offender's state of health and health care needs (a) in all decisions affecting the offender, including decisions relating to placement, transfer, administrative segregation and disciplinary matters; and (b) in the preparation of the offender for release and the supervision of the offender.

Provincial and territorial mental health acts

Legislation	Province/ Territory
Mental Health Care and Treatment Act, 2006, c. M 9.1	Newfoundland and Labrador
Mental Health Act, 1994, c.39	Prince Edward Island
Involuntary Psychiatric Assessment Act, 2007	Nova Scotia
Mental Health Act, 1989, c.23	New Brunswick
Loi sur la protection des personnes dont l'état mental présente un danger pour elles-mêmes ou pour autrui, 1997, c. 75	Quebec
Mental Health Act, 1990, c. M.7	Ontario
Mental Health Act, 1998, c. 36	Manitoba
Mental Health Services Act, 1984-85-86, c.M-13.1	Saskatchewan
Mental Health Act, 1988, cM-13.1 s12	Alberta
Mental Health Act, RSBC 1996 C 288	British Columbia
Mental Health Act, 1989-90, c.28	Yukon
Mental Health Act, 1988, c. M-10	Northwest Territories
Mental Health Act, 1988, c. M-10	Nunavut