What decisions can be made by the CETM?

CETM judges are required to evaluate the mental state of the accused and determine whether or not they are fit to stand trial. When a verdict of unfit to stand trial is rendered by a criminal court, the file is forwarded to the CETM. The CETM then holds a hearing to determine whether or not the accused has become fit to stand trial. At the conclusion of the hearing, the CETM will come to one of the following decisions:

1. The accused is fit to stand trial.
2. The accused is unfit to stand trial.
3. The accused will never be fit to stand trial.

1.   The accused is fit to stand trial

Once the CETM has determined that the accused has become fit to stand trial, the file is returned to the criminal court, which then makes the final decision as to whether the accused is indeed fit to stand trial. If the court confirms that the accused has become fit to stand trial, legal proceedings will continue as if the issue had never been raised.

You may be required to testify in court

If there is a trial, you may have to testify. If you receive a summons to appear in court, called a subpoena, you must comply. Does the idea of testifying in court make you feel nervous? You can get support. There are resources available to help you prepare for your day in court. A support worker can help you look at your situation and think through what to consider. Don’t hesitate to share any fears or concerns. They may also be able to accompany you to court on the day of the trial. If you have doubts or questions about your participation in the trial, you can also talk to the prosecuting attorney. It is possible to request testimonial aids, which are accommodation measures intended to make it easier for you to testify in court. If you are interested in learning more about testimonial aids, consult Testifying at trial as a crime victim on the Éducaloi website.

2.   The accused is unfit to stand trial

If the CETM determines that the accused is still unfit to stand trial, it must make one of the following decisions:

Detain the person in a designated hospital, with or without conditions

The CETM will make this decision if it believes that the public safety risk will not be adequately controlled if the person is released.

Release the person, with conditions to be respected

The CETM will make this decision if it believes that the accused poses a public safety risk, but that the risk can be reduced if they respect certain conditions. The CETM must also have good reason to believe that the person will comply with their conditions. If the CETM makes this decision, you may receive a telephone call from someone acting as a liaison officer for the Services correctionnels du Québec. Their role is to ensure regular monitoring of the accused’s progress, in collaboration with the care team. If you receive a call, you are free to choose whether or not you wish to talk to the liaison officer. Your participation is entirely voluntary.

Safety first

In making its decision, the CETM primarily takes into account the risk that the accused poses to public safety, including yours. It also takes into consideration the mental state of the person, their social reintegration and other needs.

The CETM continues its follow-up

Learning that the trial has been postponed again can be discouraging. But the process doesn’t stop there. As long as the accused is found unfit to stand trial or a stay of proceedings has not been ordered, the CETM must hold a hearing at least once a year to re-evaluate the accused’s mental state. If you have victim status, you will continue to receive all the documents you have requested, including:

• Notices of Hearing providing the date, time and place of upcoming hearings
• information on the release of the accused and any conditions, if applicable
• a copy of any CETM decision.

If you have any concerns or questions regarding the CETM’s decision, do not hesitate to contact them or your regional CAVAC.

3. The accused will never be fit to stand trial

The CETM judges may come to the conclusion that the accused will never become fit to stand trial. In such cases, the CETM may recommend that the criminal court hold a hearing to decide whether to order a stay of proceedings, which will terminate the legal process and the CETM’s follow-up. You may be understandably disappointed with this recommendation, but it is not made lightly. The CETM makes such a recommendation only if it considered that the accused:

• is unfit to stand trial and not likely to ever become fit to stand trial
• does not pose a significant danger to public safety.

The final decision is made by a criminal court judge.

N.B.: A stay of proceedings is not an acquittal. In other words, the accused is not found innocent, even if the legal process has been definitively terminated.

Do you have concerns?

If you have any questions about the CETM’s decision, do not hesitate to contact them. There are also resources that can help you to understand the reasons behind the CETM’s decision and get counselling if you need support.