Porte non-criminellement responsable

I was the victim of a person found not criminally responsible

Topics covered

A person can be declared not criminally responsible if they committed a crime while suffering from a mental disorder. This disorder must have prevented them from knowing the difference between right and wrong at the time of the offence.

Our justice system is based on treating accused persons with mental disorders rather than punishing them.

1.

Dealing with the CETM

The CETM is not like other tribunals. It is a specialized tribunal with unique responsibilities within the judicial system.

2.

Your status as victim

You must obtain victim status before you can exercise your rights before the CETM.

3.

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.

4.

The victim impact statement

You have the right to submit a victim impact statement to the CETM.

5.

Being a party

A victim may attend a hearing, but may not play an active role. Exception: when a victim wishes to defend the interests of the accused.

6.

Possible decisions

CETM judges must decide whether the accused poses a serious risk to public safety.

7.

Possible conditions

Whether the accused is released or detained, they may have certain conditions to respect.

8.

Attending a hearing

You have the right to attend the hearing. If you’re summoned, you must attend.

9.

Filing a complaint

If you were not satisfied with how you were treated by the CETM or a judge, you can file a complaint.

10.

Resources

You can get support and answers from available resources.

Brochure CETM
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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.