QR&O: Volume II - Chapter 119 - Mental Disorder - Table of Contents   

Table of Contents

Section 1 – General

• 119.01 Purpose
• 119.02 Repealed 5 June 2008

Section 2 – Fitness to Stand Trial

• 119.03 Presumption of Fitness to Stand Trial
• 119.04 Direction that Issue of Fitness be Tried
• 119.05 Power to Make Assessment Order – Determination of Fitness to Stand Trial
• 119.06 Absence of the Accused Person
• 119.07 Representation by Legal Counsel
• 119.08 Burden of Proof
• 119.09 Postponement of Trial of Issue of Fitness to Stand Trial
• 119.10 Procedure for Trial of the Issue of Fitness to Stand Trial
• 119.101 Procedure on Voir Dire – Fitness to Stand Trial
• 119.102 Plea in Bar of Trial at a General Court Martial – Fitness to Stand Trial
• 119.11 Where Accused is Found Fit to Stand Trial
• 119.12 Where Accused is Found Unfit to Stand Trial
• 119.13 Power to Make Disposition – Accused Found Unfit to Stand Trial
• 119.14 Treatment Disposition if No Other Disposition Made
• 119.15 Power to Make Assessment Order – Determination of Appropriate Disposition
• 119.16 Subsequent Proceedings
• 119.17 Order that Accused Person Remain in Hospital
• 119.18 Status Quo Pending Review Board's Hearing
• 119.19 Order or Direction for Custody or Release from Custody

Section 3 – Post Trial Review of Fitness to Stand Trial

• 119.20 Repealed 20 June 2022
• 119.21 Sending Back of Accused Person to Court Martial
• 119.22 Burden of Proof that Accused Person Has Subsequently Become Fit

Section 4 – Periodic Inquiry by Court Martial as to Sufficiency of Evidence

• 119.23 Mandatory Inquiry Every Two Years – Proof of Prima Facie Case
• 119.24 Burden of Proof at Inquiry
• 119.25 Repealed 5 June 2008
• 119.26 Preliminary Action by Court Martial Administrator
• 119.27 Repealed 1 September 1999
• 119.28 Notice of Witness and Documents
• 119.29 Procedure
• 119.30 Procedure Generally – Application of the National Defence Act and Regulations
• 119.31 Evidence Admissible at Inquiry

Section 4.1 – Inquiry by Court Martial as to Stay of Proceedings

• 119.311 Stay of Proceedings
• 119.312 Preliminary Action by Court Martial Administrator
• 119.313 Procedure
• 119.314 Procedure Generally – Application of the National Defence Act and Regulations

Section 5 – Mental Disorder When Offence Committed

• 119.32 Presumption of Responsibility
• 119.33 Defence of Mental Disorder
• 119.34 Burden of Proof
• 119.35 Evidence of Mental Disorder if Accused Person Does Not Raise the Issue
• 119.36 Power to Make Assessment Order – Determination Whether Accused Person Not Responsible on Account of Mental Disorder
• 119.37 Finding of Not Responsible on Account of Mental Disorder
• 119.38 Disposition Hearing
• 119.39 Power to Make Assessment Order – Determination of Appropriate Disposition
• 119.40 Power to Make Disposition – Accused Found Not Responsible on Account Of Mental Disorder
• 119.41 Status Quo Pending Review Board's Hearing
• 119.42 Order or Direction for Custody or Release from Custody
• 119.43 Effect of Finding of Not Responsible on Account of Mental Disorder

Section 6 – Dispositions

• 119.44 Repealed 20 June 2022
• 119.441 Procedure at Disposition Hearing
• 119.442 Victim Impact Statement
• 119.443 Victim Impact Statement Form
• 119.444 Duties of Prosecutor Relating to Victim Impact Statements
• 119.445 Filing of Victim Impact Statement
• 119.446 Presentation of Statement by Victim
• 119.447 Other Evidence Concerning Victim
• 119.448 Inquiry by Court Martial
• 119.45 Procedural Irregularity During Disposition Hearing
• 119.46 Reasons for Disposition
• 119.47 Transmittal of Transcript
• 119.48 Effective Period of Disposition
• 119.49 Committal Order
• 119.50 Disposition Information
• 119.51 Arrest While in Breach of Disposition
• 119.52 Action Following Arrest While in Breach of Disposition

Section 7 – Assessment Orders and Assessment Reports

• 119.53 Repealed 20 June 2022
• 119.54 Conditions for Custody During Assessment
• 119.55 Variation of Assessment Order
• 119.56 No Treatment Order on Assessment
• 119.57 Periods of Assessment
• 119.58 Extensions of Periods of Assessment
• 119.59 Assessment Reports

Section 8 – Protected Statements

• 119.60 Protected Statements Not Admissible Against Accused
• 119.61 Exceptions
• 119.62 to 119.99 Not Allocated