How the Law Treats Mental Health Disorders
Behind many criminal cases in Alberta, there is pain. Depression, psychosis, trauma, or addiction can push people into moments of behaviour they barely recognize. Canada’s criminal justice system recognizes that untreated mental illnesses can affect criminal responsibility. Fitness to Stand Trial and Not Criminally Responsible on account of Mental Disorder (NCRMD) are legal concepts that can come into play in these cases.
Table of Contents
Where Mental Health and Criminal Law Intersect:
In Alberta’s courts, and under the Criminal Code of Canada, every person is presumed sane unless proven otherwise and the law recognizes that mental disorders can prevent a person from forming an understanding of their wrongdoing when they commit a crime.
When mental illness affects criminal liability, it doesn’t mean the court lets someone go free. It means the justice system acts differently to ensure treatment and public safety.
Fitness to Stand Trial: Understanding the Process
The accused needs to be fit to stand trial. That means the person understands what they’re charged with, have a basic understanding of the court process, and are able to communicate with and properly instruct their lawyer.
If the judge has doubt, they can order a fitness assessment carried out by a doctor, sometimes at the Alberta Hospital in Edmonton or the Southern Alberta Forensic Psychiatry Centre in Calgary. If a person is found unfit, the case pauses until they restore ability to participate in court. If they regain fitness, proceedings continue.
Not Criminally Responsible (NCR):
The more complex issue is criminal responsibility. Under section 16 of the Criminal Code, a person is not criminally responsible if, at the time of the offence, they were suffering from a mental disorder that made them incapable of appreciating the nature or quality of their act, or incapable of knowing that their acts were wrong.
It is not a “loophole.” NCR findings are rare and based on expert psychiatric evidence. They don’t erase responsibility, they redefine it. The court recognizes that punishment is meaningless if the mental illness affected their ability to understand
right and wrong.
When an NCR verdict is entered, the accused is neither convicted nor acquitted in the traditional sense. Instead, their case moves into the care of the Criminal Code Review Board, which supervises treatment and community reintegration.
Criminal Code Review Board: What Happens if NCR?
The Criminal Code Review Board is a specialized tribunal. After a finding of NCR, it holds a hearing, usually within 45 days, to decide what happens next.
The Board’s job is to balance public safety, the rights of the individual, and the need for treatment. Depending on medical evidence, it can order:
- Detention in a secure psychiatric hospital.
- Conditional discharges (release under supervision and ongoing care), and
- Absolute discharges if the person no longer poses a risk.
Each case is reviewed, and conditions change as the person’s mental health improves.
Treatment, Custody, and Conditional Release:
An NCR order is not freedom, but it is not strict punishment either. Individuals receive therapy, medication, and structured supervision. Many eventually transition back into the community under medical monitoring. In Calgary and across Alberta, the system focuses on rehabilitation and public safety, recognizing that stable mental health reduces the chance of reoffending and risks to the public.
Why Legal and Mental Health Collaboration Matters:
Mental illness requires compassion and coordination. Lawyers and judges will navigate between accountability and empathy. In recent years, Alberta prosecutors have shown greater openness towards mental health diversion programs, especially for first-time offenders with risk factors. Early intervention, connecting people with assessment and treatment can usually divert people away from the criminal justice system altogether.
Final Word:
Alberta’s justice system recognizes that treatment and understanding can serve society more than just punishment alone. If you or someone you love is facing criminal charges and struggling with mental health concerns, don’t face it in silence. Speak with a lawyer who understands both the legal and medical sides of the process. A timely psychiatric assessment, a well-argued NCR defence, or even a diversion program could mean the difference between a conviction and a path to
recovery.
See More Blogs
