Porte inapte à subir son procès

I was the victim of a person found unfit to stand trial

Your status as victim

You must obtain victim status before you can exercise your rights before the CETM. Victim status is not automatically obtained at the CETM; you need to take steps to obtain it.

Who may obtain victim status?

A victim is a person who has suffered harm as the result of a crime. The crime may have been committed directly against you or against another person. For example, if you suffered damages because of a crime committed against your child, you, as well as your child, may obtain victim status. This is not automatic, however: your victim status must be authorized by the CETM. What constitutes harm? Harm can take many forms, some of which may be:
  • corporal (physical injuries)
  • moral (emotional)
  • material (damaged property)
  • economic (loss of money).

How do I obtain victim status?

There are two ways to obtain victim status:
  1. Complete this form (in French only).
  2. Write a letter or email to the CETM.
Regardless of the method you choose, you must send your application to the CETM by email or regular mail to its address in Montréal or Québec. The form: The form, which is usually enclosed with a letter sent to you by the Directeur des poursuites criminelles et pénales (DPCP), allows you to inform the CETM of your status as victim and to ask to receive certain information about the accused. If you have received the form, complete it by checking the appropriate boxes. If you have not received it, use this link to access it (in French only). The letter or email: You may also send a short letter or email to the CETM at the following address: taq.divisionsantementale@taq.gouv.qc.ca. Explain why you consider yourself a victim.
If you were not a direct victim of the crime but are nonetheless suffering consequences, your victim status may be recognized in certain cases.
In your letter or email, specify exactly which of the following information you wish to receive:
  • Notices of Hearing, providing the date and time of hearings
  • Sections of the Criminal Code that apply to CETM proceedings
  • A notice informing you of:
    • the conditional release of the accused
    • their planned place of residence
  • A copy of CETM decisions
  • The conditions of release of the accused that concern you.
As a victim, you are entitled to receive this information if you so request. To learn more, see the section on Your rights as a victim. You will find out whether or not the CETM granted you victim status at the hearing. If no one has informed you of the date of the hearing, you can find it by: What happens if the CETM refuses to grant you victim status? You may still attend the hearings if you wish. In fact, most hearings before the CETM are public. You will have to find out the hearing dates on your own, however, by sending an email to taq.divisionsantementale@taq.gouv.qc.ca.

Why should I request victim status?

You may be surprised by the CETM’s requirements. The fact that you have to ask for victim status can seem unfair and hard to understand.
It is important to know that if you are the person against whom the crime was committed, your status as victim will probably be recognized without any problem.
If you are the parent, friend or spouse of the direct victim, you may also request victim status. If you need assistance in submitting this request, help is available. There are several resources that can:
  • assist you in writing and sending your letter
  • provide psychosocial support
  • give you information on your rights and recourse.
Don’t hesitate to contact them.
Brochure CETM
Do you work with victims and those close to them?
You can download our brochure free of charge.

 

This information tool is for anyone who has been the victim of a crime committed by a person found unfit to stand trial or not criminally responsible due to a mental disorder, and who is involved with the CETM.

Designated hospital

A designated hospital is the place where people found unfit to stand trial or not criminally responsible are:

  • detained
  • treated
  • evaluated

There are more than 40 designated hospitals in Quebec, with varying levels of security.

Party / Parties

Being party to a hearing means participating actively in the proceedings. Parties are allowed to present evidence and plead their case.

Prosecuting attorney

The prosecuting attorney is the lawyer who represents the DPCP or the municipal court.