Attending a hearing before the CETM

You have the right to attend the hearing, if you wish. You may also be summoned to attend, in which case you must attend. There is no doubt that attending the hearing may be difficult. You may feel the need, however, to know more about the accused’s mental state and keep up to date on any developments in their case. Whether you attend by choice or by obligation, do not hesitate to ask someone you trust to accompany you, such as a friend or a victim support worker. You may be asked some questions by the judges during the hearing. If you were summoned, the lawyers may also question you. Knowing more about how a hearing is run can help you prepare. The following information may be helpful:

You need to request the Notice of Hearing

In order to find out when the hearing will be held, you must inform the CETM that you wish to receive Notices of Hearing. As a victim, you have the right to receive these Notices if you so request. If you do not have victim status, you may still attend the hearing. In fact, most hearings are open to the public. The CETM will not inform you of any upcoming hearings, however, unless you request that information. To do so, contact the CETM.

Most hearings are held online

They may also be held in person or hybrid mode (i.e., with some participants present in person and others connected online). In most cases, you will be sent a link to attend the hearing (on the Teams platform). If you have not received it, send an email to taq.divisionsantementale@taq.gouv.qc.ca to request it. In order to attend the hearing, you will need:

• an Internet connection, high-speed if possible
• a computer, tablet or cell phone with speakers, microphone and camera
• a neutral background, such as a wall or background filter
• a sufficiently charged battery or electrical connection.

Prior to the hearing, it is recommended that you set yourself up in a quiet location with no one else in the room. Dress appropriately and mute your microphone, turning it on only if someone speaks to you directly. If you wish to turn off your camera in order to feel more comfortable, ask the CETM if you may do so.

The hearing may also take place at a hospital

If the hearing is being held in person, it will usually take place at the facility where the accused is being detained or treated. The room where the hearing is held may be very small, which means that you may be in close proximity to the accused. Rest assured, however: the designated hospital is required to provide a safe environment with adequate security measures. It is important that you know that the judges can order any person who disrupts the proceedings to leave the room. Even the accused may be excluded from their own hearing if they misbehave, or if the judges believe that their presence could :

• endanger the life or safety of another person, or
• interfere with their treatment or recovery.

Several persons will be present

You will undoubtedly notice that there are many participants in the hearing. Do not be surprised—this is normal. Who are all these people? In general, there are:

• three judges
• the accused
• the lawyer for the accused
• the lawyer for the designated hospital
• the treating psychiatrist
• other members of the treatment team
• the prosecuting attorney
• anyone else, since hearings are usually public.

Some information about the judges: There will be three judges, each with different areas of expertise. The judges will include a lawyer, a psychiatrist and one other person who is either a lawyer, psychiatrist, psychologist, social worker or physician. CETM judges have a great deal of freedom in the way they conduct hearings.

Hearings generally follow a specific order

The presiding judge will begin by explaining how the hearing will proceed. The hearing may then begin, in the following order:

1. Testimonies

Several people may be called on to testify. During their testimony, they will be questioned by the judges and lawyers representing the different parties. Who may be called on to testify? In general:

• the treating psychiatrist, who will present their report and recommendations
• the accused
• other witnesses, such as a criminologist or a psychosocial rehabilitation specialist who is a member of the treatment team.

As a victim, you may also be required to testify if the CETM or one of the parties to the hearing so requests.

2. Arguments

The lawyers then present their arguments to enable the CETM to make an informed decision.

3. Deliberation

The judges leave the hearing room to discuss what they have heard in order to come to a common decision. This process is called “deliberation.”

4. Decision

Most of the time, the judges return to the hearing room to announce their decision verbally. Sometimes, however, they choose to announce their decision at a later date. In all cases, the CETM issues a written, reasoned decision that is forwarded to all parties during the weeks following the hearing. If you have victim status, the CETM will send you a copy of the decision if you so requested.

Rules of conduct to be respected

Everyone who attends a hearing is required to respect certain rules that are intended to ensure that everything runs smoothly. Here are a few of these rules:

• Maintain a respectful attitude towards everyone present at all times.
• Use polite, appropriate language.
• Dress appropriately.
• Do not eat in the hearing room.
• Do not record, photograph or film the hearing.

If you feel that someone has been disrespectful towards you, you may file a complaint. The above rules of conduct apply to everyone, including the judges, lawyers and CETM staff.

It is possible to have an interpreter

The hearings may be held in French or English. If you are called as a witness to a hearing, you are entitled to the services of an interpreter. If you are deaf, this service is free of charge; otherwise, you are responsible for the cost.

Financial assistance

Only family members or close friends of a person who died as the result of a criminal offence are eligible to be reimbursed for expenses. In certain cases, the PROCHES Program will reimburse expenses incurred to attend CETM proceedings, such as travel and accommodation costs. To learn more about this program, visit the website of the Québec Reimbursement Program for Family and Close Friends of Deceased Victims of a Criminal Act (PROCHES).