Porte non-criminellement responsable

I was the victim of a person found not criminally responsible

The possibility of being a party to the hearing

As a general rule, a victim may attend a hearing, but may not play an active role in the proceedings. An exception is made, however, for a victim who wishes to defend the interests of the accused. As a victim, you are not a party to the file. That means that you cannot intervene during the hearing, question or cross-examine witnesses or present evidence. The judges may question you, of course, or you may be called as a witness, but your participation will be limited. In order to play an active role in the hearing, you must be a party. You may request that you be recognized as an “interested party.” How? You must submit a request to the CETM showing that:
  • you have a significant interest in the proceedings, and
  • you have an interest in protecting the interests of the accused.
If the CETM accepts your request, you will have the same rights as all the other parties to the hearing. You will receive all Notices of Hearing and CETM decisions without having to ask for them. You will also be able to:
  • question and cross-examine witnesses
  • present your arguments to the CETM
  • ask a lawyer to represent you
  • contest CETM decisions.

Consider your own needs

If you obtain interested party status, you will be able to play an active role in the proceedings. In order to do so effectively, it is important to clarify your objectives. Since you are concerned about the person who committed the crime, you want them to receive the best possible care. That is understandable, but you also want to be heard and to ensure your own safety. You have your own needs; it’s important not to ignore them. You must also take the other parties into account, as they may have their own view of the situation. When you include the medical aspects that will be discussed during the hearing, the situation can be quite complex. There are qualified people who can help you to make sense of all of this. They can provide you with support and explain certain aspects of the hearing. Do not hesitate to contact one of these organizations for assistance, which will be provided free of charge.
If you have the financial means, you can also ask a lawyer.
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This information tool is intended for all victims of a crime committed by a person declared unfit to stand trial or not criminally responsible on account of mental disorder and who are involved with the Mental Disorders Review Board (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.