Mental Health Law (Not Criminally Responsible Findings)

Mental health issues can significantly affect criminal proceedings in Ontario. If you're facing criminal charges in Kingston, Napanee, Brockville, or Belleville and mental health is a factor, understanding Not Criminally Responsible (NCR) findings and fitness to stand trial is essential.

Not Criminally Responsible (NCR)

A person is Not Criminally Responsible on account of mental disorder if, at the time of the alleged offence, they suffered from a mental disorder that rendered them incapable of:

• Appreciating the nature and quality of the act, or
• Knowing the act was wrong

NCR is not an acquittal—it's a finding that the person committed the act but is not criminally responsible due to mental disorder at the time.

Mental Disorders That May Support NCR

Mental disorders potentially supporting NCR findings include:

• Schizophrenia and psychotic disorders
• Severe bipolar disorder with psychotic features
• Severe depression with psychotic features
• Other conditions causing psychosis or severe impairment of judgment

Not all mental health conditions support NCR findings. The disorder must have been severe enough at the time of the offence to meet the legal test—that the person couldn't appreciate what they were doing or know it was wrong.

Moving Forward

Mental health issues can significantly affect criminal proceedings through NCR findings or fitness determinations. NCR findings avoid criminal convictions and records but result in Ontario Review Board jurisdiction with annual reviews and potential conditions or detention until absolute discharge is granted.

If mental health is a factor in your criminal charges in Eastern Ontario, understanding the NCR process, ORB dispositions, fitness issues, and how these differ from traditional criminal proceedings is essential to determining the appropriate path forward.