Decisions the CETM can make

It is up to the trial judge to render a verdict of “not criminally responsible on account of mental disorder”; the CETM will not reverse that decision. Its task is to determine whether or not the accused poses a serious risk to public safety. If the trial judge has already rendered a decision on measures to be taken to control that risk, the CETM will review that decision. If not, the CETM will render the decision. The main factor that the CETM takes into consideration when making its decision is the degree of risk that the person found not criminally responsible —including yours. The CETM also takes into account the mental state of the person, their social reintegration and other needs, and your victim impact statement describing the consequences of the criminal offence. At the conclusion of the hearing, the CETM may render one of the following decisions:

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

The CETM will render this decision if they find that the risk to public safety posed by the accused would not be adequately controlled if they were to live freely in the community.

In almost all cases, the accused is detained in a designated hospital, not a prison.

Depending of the risk posed by the accused, the CETM may also impose conditions on its decision (such as therapy, possibility of temporary absences, etc.).

2.    Release the person with conditions to be respected

This means that the accused is permitted to live in the community as long as they respect certain conditions.

The CETM will render this decision if they find that the significant risk to public safety posed by the accused will be reduced if they respect certain conditions. The CETM must have good reason to believe that the accused will respect those conditions.

If the CETM renders 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.

3.    Release the person unconditionally

This decision marks the end of the accused’s relationship with the CETM, which means that they may now live freely in the community, without restrictions.

The CETM does not make such a decision lightly. The judges must agree that the person no longer poses a risk to public safety.

You have the right to disagree with this decision. You may even find it upsetting. If that’s the case, you can watch the video “How can I deal with a decision that’s hard to accept?” at the bottom of this page or in the FAQ section.

Until the accused is unconditionally released, the CETM must hold a hearing at least once a year to reassess their mental condition.
Depending on how the situation evolves, the CETM may decide to review the case more than once in the same year. A review may also be requested by the accused or by another party.

Person declared a “high-risk” accused

The criminal court may declare the offender a “high-risk accused.” This declaration may be made regarding a particularly dangerous person who has committed a serious crime against another person. A person declared a high-risk accused is automatically detained. This decision is not irreversible; in other words, it can change. If the CETM is convinced that the declaration is no longer necessary, it must remit the file to the Superior Court to allow a judge to decide whether or not to revoke the declaration.

Do you have concerns?

There are resources that can help you understand the reasons behind a decision made by the CETM. They can also provide you with support and answer your questions. You can also contact the CETM directly about the decision. Do not hesitate to do so.