Porte inapte à subir son procès

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

Your rights as a victim

As a victim of crime, you have rights. You must, however, inform the CETM if you wish to exercise them. How? You first need to obtain victim status and to tell the CETM what information you would like to receive.  You are entitled to the following:

You have the right to know where and when hearings will be held

Notices of Hearing include the date, time and place of the hearing. If you have victim status, the CETM will send you these notices automatically if you so request. If, at some point, you no longer wish to receive them, simply ask the CETM to stop sending them to you. Although anyone may attend most CETM hearings, some hearings may be held in closed session, in which case only the persons involved in the hearing may attend.

You have the right to receive the notice of conditional release of the accused and their planned place of residence.

The CETM may not give you the exact address, however.

You have the right to receive the CETM’s decisions and the conditions imposed on the accused.

Only the information that concerns you will be legible, however. The rest will be redacted (obscured or removed).

If you prefer to remain anonymous

Rester anonyme - CETM Some victims wish to prohibit the publication or broadcast of any information that could identify them. If this is your case, you may ask the CETM to issue a publication ban. In certain situations, the CETM judges are obligated to impose such an order if that is what you wish. In other situations, however, the judges can decide whether or not to grant your request. Their decision is based not only on your wishes but on other factors, such as the right of the accused to a fair and public hearing. If it is requested, a publication ban is obligatory in the following situations:
  • victims of sexual offences
  • witnesses of sexual offences that are under 18
  • all victims who are under 18 (regardless of the offence)
If you do not meet any of the above criteria, you must submit a request in writing. The prosecution can submit a request on your behalf, so do not hesitate to inform the prosecuting attorney of your wishes. The judges will decide whether or not to issue a publication ban at the hearing.

Hearings are not held in private

CETM hearings are generally public. That means that even if a publication ban is imposed by the CETM, members of the public may still attend the hearing. No one, however, will be permitted to publish or broadcast information that could be used to identify you—neither on social media nor anywhere else.

You can change your mind

If you wish to have your identity known, you have the right to request a revocation of the publication ban. Once you inform the prosecution of your wishes, they will submit a request on your behalf.

Victim support and advocacy organizations can help you submit these requests and ensure your rights are respected.

Are you moving?

Don’t forget to inform the CETM of your change of address and telephone number to make sure you receive the information to which you are entitled.

1 800 567-0278 (toll-free)

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.