This guide provides information to help patients and families better understand how the Forensic Mental Health system works in Ontario. This page explains:
Home Patients & Families Understanding the Forensic Mental Health System
What is the Forensic Mental Health System?
The forensic mental health system helps people who:
- Have a mental illness, and
- Have been involved with the law
If a person is found Not Criminally Responsible (NCR) or Unfit to Stand Trial, they may be referred to a forensic mental health program for care. Instead of continuing through the regular criminal justice process alone, they follow a legal process that includes mental health care and support.
What does NCR mean?
NCR means “Not Criminally Responsible.”
This means:
- A person did something against the law
- They had a serious mental illness at the time
- They did not know what they were doing or that it was wrong because of their mental illness.
To be labeled as not criminally responsible
- A judge will order an assessment to determine the person’s mental state at the time of the committed offence.
- Forensic psychiatrists evaluate the individual and recommend this finding to the court.
- Waypoint has a program designed for this – Forensic Assessment Program (FAP)
- The person is sent to a mental health hospital
- Their case goes to the Ontario Review Board (ORB)
- A hearing will happen
What does “Unfit to Stand Trial” mean?
A person may be “unfit” if they:
- Do not understand what is happening in court
- Cannot talk with their lawyer properly
If a person is found Unfit to Stand Trial, the court may order treatment to help the person get better to the point of being fit to stand trial. At that point, court may continue.
The Ontario Review Board may make decisions about their care and detention in some cases.
What is the Ontario Review Board?
The Ontario Review Board (ORB) is an independent group that reviews each case in which a person is found NCR or Unfit to Stand Trial to make decisions about their care.
The board is made up of appointed members which can include people with backgrounds in mental health, law and other relevant areas.
What does the ORB do?
- The ORB meets at least once a year
- Checks how the person is doing
- Decides what should happen next
The ORB can decide if the person:
- Stays in hospital
- Is discharged into the community with support
- Is unconditionally discharged
Helpful Resources
You can learn more here or ask your care team for printed guides.
What Care Looks Like
In a forensic mental health program, people may:
- Meet with doctors and nurses
- Take part in programs and activities
- Work toward recovery step by step
Everyone’s journey is different.
How can families help?
Families play an important role in supporting someone in care. Learn more about ways to support a loved one and stay connected during their care.
Stay informed, talk to the care team, ask questions. We’ve created a guide to help families stay connected and better support their loved ones while in care.
More Information
Seclusion
Seclusion is only used as a last option. It is used when:
- There is a serious and immediate safety risk
- And other ways to help have not worked
Each decision is made for the individual person.
- A doctor checks on the patient every day
- The care team reviews the situation often
Patients are provided:
- Time outside of their room to participate in actives when appropriate
- Entertainment options – like mp3 players, books, etc.
Waypoint also reviews how seclusion is used.
This includes both internal reviews and outside experts. The goal is to reduce the use of seclusion and keep everyone safe.
Waypoint is committed to:
- Treating every patient with respect
- Protecting patient rights
- Providing a safe and supportive environment for patients, staff, and the community
If you have questions, contact your loved one’s care team or social worker.