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What happens if an accused is found “unfit to stand trial” after a fitness hearing?

If an accused is found unfit to stand trial after a fitness hearing, the regular criminal law process remains on hold.

An accused person who is unfit to stand trial is often in a difficult position, as they are unable to move forward and deal with the charge(s) by setting a trial date or pleading guilty, and they are usually not eligible for bail. It is possible, under the Criminal Code, for the judge to refer an unfit accused to something called the Ontario Review Board but it is much more common for the Crown (or the accused’s lawyer) to seek an order from the judge called a treatment order.

Mental health: