Understanding Your Pathway Through the Criminal Justice System Niagara, Hamilton, Brant, Haldimand, and Norfolk Region and the First Nations communities of Six Nations and the Grand River, and Mississaugas of the New Credit First Nation
Written by Samantha Tullo, Katryna McKenna, Ashley Soucie and Karen Hodgson
October 2025
Disclaimer: This overview of the criminal justice system is intended for general informational purposes only and does not substitute professional legal advice from a qualified lawyer or legal service provider. Each case is unique and may not follow the standard procedures outlined in this booklet. Additionally, court operations can vary by location. While every effort is made to ensure the accuracy of the information provided, updates and edits are made continuously.
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Table of Contents Introduction......................................................................................... Introduction to Bethesda .................................................................... Who are we? ....................................................................................... How a Dual Diagnosis Justice Case Manager Can Provide Support ..... Referral to Dual Diagnosis Justice Case Manager ................................ Mental Health and Wellness Supports ................................................ When I Think about Court ................................................................... Coping Strategies BEFORE Court ....................................................... Coping Strategies DURING Court ......................................................... Create Your Coping Skills Toolbox ..................................................... What Happens in Court - A Justice Roadmap ....................................... After Arrest ...................................................................................... During Court ................................................................................... First Appearance Checklist .............................................................. Courtroom Rules.................................................................................. Courtroom Rules.................................................................................. Courtroom Professionals...................................................................... The Courtroom..................................................................................... Justice Professionals............................................................................. Applying for Legal Aid........................................................................... What Happens if I Miss My Court Date................................................ Forensic Mental Health System Overview............................................ What is the Ontario Review Board (ORB)?........................................... Types of Sentences............................................................................... After Court............................................................................................ How to Access Support......................................................................... Legal Glossary....................................................................................... References............................................................................................
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Introduction Navigating the criminal justice system can be extremely challenging and complex for you and your supports. This book is here to support you with: • • • • • • •
Fears of the unknown Provide practical guidance Validate emotions and anxiety Increase confidence and understanding Make legal information accessible Provide resources Help navigate the information independently
Introduction to Bethesda Since 1937, Bethesda has provided a wide range of support and services to individuals in Niagara, Hamilton, Brant, Haldimand, and Norfolk; and the First Nations communities of Six Nations and the Grand River, and Mississaugas of the New Credit First Nation with intellectual and/or developmental disabilities. Bethesda remains committed to supporting people with compassion, respect, and excellence. Our emphasis focuses on a holistic approach that considers the whole person’s physical, psychological, social, and spiritual needs.
Who are we? Bethesda oversees the Southern Network of Specialized Care (SNSC) which is part of a provincial collaboration of the Community Networks of Specialized Care (CNSC). They provide a way of linking specialized services and professionals to develop complex support plans for adults who have developmental disabilities with high support and complex needs. The Dual Diagnosis Justice Case Manager (DDJCM) Program provides cross-sector coordination and support for individuals with intellectual and/or developmental disabilities (IDD) or dual diagnoses (IDD + mental health) who come into conflict with the law. The program helps divert individuals from the traditional criminal justice system and connects them to appropriate services, treatment and community supports. To complete this, the DDJCM can generate interdisciplinary referrals to Bethesda’s Adult Clinical Services: • • • • •
Psychology (eligibility assessment) Mental Health and Wellness Behaviour Support Speech and Language Occupational Therapy
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How a Dual Diagnosis Justice Case Manager Can Provide Support Program Components 1. Consultations
5. Case Management
4. Release from Custody
2. Court Support
3. Assist with Diversion
1. Consultations • • •
We will ask you how we can best support you. Explain to justice professionals how to best support you in court. Conversation about what to expect and answer any questions that you and your supports may have.
2. Court Support • • • • • • •
Assist in finding a lawyer. Assist in getting court paperwork (ie. Screening and Disclosure). Assist with applying for Legal Aid. Advocate with Crown Attorney and/or defense counsel. Assist in getting assessments to aid in the judicial process. Prepare for court through education, visuals etc. that works best for you. Attend court dates with you as required.
3. Mental Health Diversion and Direct Accountability Programs • • •
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Case managers will work with community partners who provide support and monitoring of Mental Health Diversion and Direct accountability Programs. Take part in completing applications to the Mental Health and Drug Treatment Court and diversion programs. Advocate with these programs to support you.
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4. Release from Custody • • • • • •
Develop bail plans and advocate with the court professionals for release. Partnership and planning with Provincial and Federal Institutions for appropriate discharge planning Participate in detention centre case management weekly meetings as required Participate in discharge planning meetings in the Forensic setting as required Collaborate with detention center staff to provide support and receive updates on your well-being. Work with probation and parole upon release to provide information on dual diagnosis and release plan.
5. Case Management • • •
Make referrals to long term community and regional supports (i.e. addiction services, housing support, income assistance, developmental services) Make referrals for appropriate assessments (DSO eligibility assessment, mental health assessment, risk assessment) Make referrals to Bethesda Adult Clinical Services (i.e. Mental Health and Wellness, Behaviour Support Services, Speech and Language, Occupational Therapy)
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Referral to Dual Diagnosis Justice Case Manager How to make a referral? You may access the Dual Diagnosis Justice Case Management program directly at 1.800.789.1773 or through the DSO at 1.877.376.4674.
Image from: Activated Insights, 2025
Mental Health and Wellness Supports How do I get a referral? Bethesda provides counselling and therapy services to those who are diagnosed with in intellectual and/or developmental disability, and is working with Developmental Services Ontario. If you are working with a Dual Diagnosis Justice Case Manager, ask them how you can be referred to counselling supports. If you are not already involved with Bethesda, to get a referral to mental health and wellness services you can contact DSO at 1.877.376.4674.
Court and Mental Health When you get arrested and begin going to court, this could start to feel overwhelming and/or stressful. Some people find the new experience most stressful, while others might find it hard to hear the other side of the story/ situation from the other people involved. Either way, anxiety is a common emotion felt by people going through the court system (The Valley Law Group, 2025).
What is Anxiety? Anxiety is an emotion that many people have when going to court, and people often feel it when they are not sure about what the future holds for them (APA, 2025). This could be because you may have to wait to learn about your charges, or even wondering what the outcome of those charges will be (The Valley Law Group, 2025). Everyone experiences anxiety differently; use the checklist below to help you find out what anxiety looks like for you as it relates to your experience with the justice system.
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When I think about court, I:
Physical Symptoms ⃝ Fast Heartrate ⃝ Breathing quickly, or feeling like you can’t breathe ⃝ Dizzy ⃝ Shaking ⃝ Sweating ⃝ Nausea or upset stomach ⃝ Headaches ⃝ Dry mouth or difficulty swallowing ⃝ Feeling hot Emotional Symptoms ⃝ Fear or worry about court outcomes ⃝ Feeling overwhelmed ⃝ Limited patience ⃝ Feeling detached or disconnected from reality ⃝ Anger or sadness Thought Symptoms ⃝ Thoughts about worst-case scenarios ⃝ Hard time focusing or remembering things ⃝ Thinking about every piece of the case ⃝ Feeling like everyone is judging you ⃝ Fear of speaking in court or making a mistake ⃝ Trying to predict the outcome Behavioral Symptoms ⃝ Avoiding court or thinking about skipping the hearing ⃝ Difficulty sleeping the night before court ⃝ Excessive researching of legal consequences ⃝ Increased use of alcohol, drugs, or other coping mechanisms ⃝ Restlessness or inability to sit still ⃝ Withdrawing from friends, family, or support systems
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Coping Strategies BEFORE court Cope Ahead Skill This skill is about having a plan to reduce stress before the stressful event even happens (DBT tools, 2025). Here are the steps you can take to have a plan in place on how to cope during court. 1. Discuss the situation that will likely cause stress in court (ie. The other person not being truthful). Name the emotions that you think you will feel when this happens. 2. Decide what coping skill(s) that you want to use in the situation 3. Imagine this situation and how it would feel. 4. Think about what it would look like to cope using the strategies in step 2 if they were to work. 5. Practice relaxing Self-Care Self-care is when you are doing things in your life that are helping your mental, physical, emotional and spiritual needs. When it comes to mental health, there are many things that you can do help reduce your anxiety before you begin the court process (Bottaro, 2024). •
Exercise, play a sport
•
Playing games (Scrabble, crosswords, word searches, puzzles)
•
Try a new hobby/skill
•
Read, listen to a podcast
•
Seek support from others
•
Get creative with art
List a couple of things that you enjoy doing that helps you feel good: • • • Positive Affirmations These are positive things that you can say, or think to yourself that can help lower your anxiety levels by trying to keep a positive mindset as it relates to your court case. Here are some examples: “My lawyer is going to do the best they can to help me get through this.” “I can get through this.” “The truth supports my case.” “I am strong, and I will get through this.” “I can do hard things.” Can you think of any others that you can say before you go to court?
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Coping Strategies DURING court During court, you might not have access to some of the things that you usually use to help yourself feel better. Here are some ideas that would be appropriate for the court room.
What are coping strategies? Coping strategies are used as a conscious or unconscious strategy to reduce an unpleasant emotion. What can coping strategies do? 1. Tolerate – Face the problems throughout our lives. 2. Minimize – Decrease the intensity
When should you practice coping strategies? All the time! In the morning, afternoon, evening, dinner time. Practice them when you are calm so when you are upset – you know how to use these strategies.
of the behaviour to help you gain control. 3. Deal – Responding to the behaviour.
Healthy Coping Strategies Deep Breaths
Deep breaths regulate breathing, you can do this in a few different ways to make it easier to remember: • • • •
Smelling in the flower. Blowing out the pinwheel. Blowing the candles out on a cake. Putting your hands on your belly and breathing in and out.
Deep Breathing Exercises
1. Figure 8 Breathing Follow the figure 8 with your finger 2. Square Breathing Start at the flower and follow the directions along the edges. (breathe in for 4, hold it for 4, breathe out for 4)
https://hes-extraordinary.com/deep-breathing-exercises-for-kids
5 - 4 - 3 - 2 - 1 Exercise 5
Look around the room, what do you see? Find 5 things around you that you can see.
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Feel around you, what do you feel? Find 4 things near you that you can touch.
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Close your eyes, listen. What do you hear? Find 3 things around you that you can hear.
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Keep your eyes closed, take a deep breath. What do you smell? Find 2 things around you that you can smell.
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With your eyes still close – what can you taste? Find 1 thing you can taste.
https://www.mondaycampaigns.org/destress-monday/unwind-monday-5-4-3-2-1-grounding-technique
Counting Counting depends on the individual – some people may count 1-5, 3 to 4 times if that is what works for them. Others may count to 10 or 20.
Writing in a Journal Writing in a journal allows the individual to write down how they are feeling, what has happened, and how they can see what will happen next.
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Asking for a Break Being able to ask for a minute if they are feeling overwhelmed or upset. It is important to know the value of what asking for this break is.
Coming up with a Compromise Talking it through – coming to a compromise. This can be very difficult.
Exercise Exercise can help with coping in different situations to let out some of that stress. This can include going for a walk, doing yoga, going on a bike ride, skipping rope, playing different recreational sports (e.g., hockey, basketball, bowling).
Plan for Success!
Plan for next time – what worked? What didn’t work? What can you do differently next time? 905.684.6918 | clinicalservicesadmin@bethesdaservices.com
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Creating Your Own Coping Skills Toolbox What is it?
Coping Skills Toolbox
A Coping Skills Toolbox is a place for you to keep things that calm you down in periods of distress. If you have everything gathered in one place, it’s easier to remember to use your coping skills, rather than using negative behaviours.
Healthy Distractors ...
Distraction (Taking your mind off the problem for a while) Examples: Puzzles, books, artwork, crafts, knitting, crocheting, sewing, crossword puzzles, Sudoku, positive websites, music, movies, etc.
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What I find soothing ...
Self-Soothing (Comforting yourself through your five senses) • Something to touch ex. stuffed animal, stress ball • Something to hear ex. music, meditation guides • Something to see ex. snowglobe, happy pictures • Something to taste ex. mints, tea, sour candy • Something to smell ex. lotion, candles, perfume
Opposite Action (Doing something the opposite of your impulse that’s consistent with a more positive emotion)
Affirmations and Inspiration Ideas ...
1. Affirmations and Inspiration ex. looking at or drawing motivational statements or images. 2. Something funny or cheering ex. funny movies/ TV / books.
Things that make me laugh ... 905.684.6918 |
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Emotional Awareness
Tools that work for me ...
(Tools for identifying and expressing your feelings) Examples: A list or chart of emotions, a journal, writing supplies, drawing/art supplies.
What works for me ...
Relaxation (Tools for centering and grounding yourself in the present moment) Examples: Meditation or relaxation recordings, grounding objects (like a rock or paperweight) yoga mat, breathing exercises.
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Who are my supports?
Crisis Plan (Contact information of supports and resources, for when coping skills aren’t enough) Family / Friends Therapist Psychiatrist Hotline Crisis Team / ER 911
https://mhanational.org/building-your-coping-toolbox
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What happens in court? A Justice Roadmap
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After Arrest Upon arrest or detention, as per ‘Your Rights Under the Canadian Charter of Rights and Freedoms- Section 10’ (Canadian Charter of Rights and Freedoms, 1982), you are entitled to: •
Be informed promptly of the reasons for your arrest or detention
•
Retain and instruct counsel without delay. This means you can speak with a lawyer immediately
Arrest is a more formal procedure where the individual is taken into custody, charged with a criminal offense and informed of their rights.
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•
You are taken into custody and formally charged with a criminal offense
•
Upon arrest, you will be informed of your rights, including the right to remain silent and the right to legal counsel
•
Your personal belongings may be searched, and you may be handcuffed
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During Court
FIRST APPEARANCE CHECKLIST This is the first court meeting after you were released. You need to bring these things with you: ⃝ Bring Paperwork from Release ⃝ Arrive 15 minutes early ⃝ Bring identification (ie. your healthcard or photo id) What do I do at my first appearance? ⃝ Enter the courtroom, sit in the seating area ⃝ Wait for your name to be called ⃝ When your name is called, stand in the front centre at the podium where the star is ⃝ Will be asked to state your name and date of birth Name: ___________________ Date of Birth: __________________________ ⃝ Answer in a clear and loud voice to be heard. Answer by using your voice, NOT nodding
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Courtroom Rules ⃝ Be on time
⃝ Find a seat
⃝ Stand up when the judge comes in the room or is speaking to you
⃝ Stay quiet
⃝ No swearing
⃝ No food or drinks
⃝ No sunglasses, hats, caps or hoods
⃝ Turn off your phone
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Courtroom Professionals Judge • • •
Wears a red sash Referred to as “Your Honour” Decides if the law has been broken and consequences
•
Is present in trials, sentencing, mental health courts and pre-trials
Justice of the Peace • • • •
Wears a green sash Referred to as “Your Worship” Decides if person can be released on bail Is present in criminal court matters before trial
Clerk of the Court • • •
Sits in the centre in front of the Judge/Justice of Peace Handles the court paperwork Organizes court schedules, calls court to order
Court Reporter • •
Sits beside the clerk of the court and in front of the Judge/Justice of the Peace Makes notes of everything that is said in the courtroom
Duty Counsel/Defence Counsel • •
Free lawyer that can help you with your first appearance and subsequent appearances if you qualify Connect with your local court duty counsel for more information
Crown/Crown Prosecutor • •
Provincial lawyer that represents the community Responsible for proving criminal charges
•
Person that is charged with a criminal offence
•
Someone who has knowledge/evidence about a matter that is presented in the court
•
Person who has been harmed, hurt, or affected by a crime. They are not usually present, unless you are in trial (Community Networks of Specialized Care, 2017)
Accused Witness Victim
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THE COURTROOM
JUSTICE PROFESSIONALS
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JUDGE • Wears red sash • Referred to as “Your Honour” • Decides if law has been broken and consequences • Is present in trials, sentencing, mental healthy court and pre-trials
CLERK OF THE COURT • Sits in front of Judge or JP • Handles all the court paperwork • Calls court to begin and end
JUSTIC OF THE PEACE (JP) • Wears green sash • Referred to as “Your Worship” • Decides if person can be released on bail • Is present in case management court and bail (matters before trial)
COURT REPORTER • Usually sits beside Clerk of the Court • Records what is being said in court by everyone
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JUSTICE PROFESSIONALS DEFENCE COUNSEL/DUTY COUNSEL • Free lawyer that can help you with your court matters • Attends court with you • Gives you legal advice
PROSECUTER • Provincial Lawyer that represents the community • Their job is to prove the criminal charge
ACCUSED • Person charged with a criminal offence • If not in jail, the accused will sit beside their defence lawyer at the desk
WITNESS • Someone that can share evidence about the court matter • They will “testify” about what they know Adapted from Justice App (Community Networks of Specialized Care, 2020)
What happens after my first Court appearance? •
After your first court appearance, you can get your Screening and Disclosure Package. This can be picked up at The Crown’s office at the courthouse. This package talks about what happened during the offence and your possible sentence.
•
Once you have your paperwork it is important to get legal advice from a lawyer. You can do this by meeting with the free lawyers (Duty Counsel) at the courthouse or applying for Legal Aid.
•
Your lawyer can help you decide how to resolve your case and can set up meetings with the Crown and Judge to talk about possible sentences. These meetings are called: Crown Pre-trial and Judicial Pre-Trial.
•
You will need to come to court approximately every month to check in with the Justice of the Peace while you are deciding on how to resolve your case. 905.684.6918 |
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What happens if I miss my court date? Missing a court date is serious. If you do not appear in court, the judge may issue a Bench Warrant for Failure to Appear. This may impact your case in a variety of ways for those advocating for you in court. •
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You will be required to turn themselves in at the police station ◦
Will either be taken into custody briefly and released with new court date OR
◦
Will be taken into custody and held for bail
•
You will have another charge to deal with in the courts
•
May impact the resolution of prior charges Bethesda Adult Clinical Services
Forensic Mental Health System Overview The Forensic Mental Health System supports those with mental health challenges who have been charged with a crime. Someone may become involved in the Forensic System through the following two pathways (Department of Justice Canada, 2006):
Fitness to Stand Trial and Not Criminally Responsible Pathway
Description
1. Fitness to Stand Trial
Outcome
Assessment done by a If Unfit: psychiatrist to determine if you • Sent to forensic mental health understand court proceedings hospital on a Treatment Order and can instruct a lawyer (usually 60 days) to improve your mental health through medicaExample of fitness issues include not tion and education knowing: • If still “unfit”, to be placed under • who the judge is Ontario Review Board (ORB) • what a lawyer does If Fit: • what a guilty plea means • Proceed with court process (Legal Aid Ontario, 2025) • Assessment done by a forensice If NCR: psychiatrist • No criminal sentence • Applies if the crime was • Placed under Ontario Review committed due to mental illness Board (ORB) If NOT NCR: Example of reasons for NCR: • Proceed with the court process • Did you understand what you did or that your actions were (Centre for Addiction and Mental Health, wrong? 2025) •
*
2. Not Criminally Responsible (NCR)
*
What is the Ontario Review Board (ORB)? Role
Description
Main Function of Ontario Review Board (ORB)
• A group of professionals (Psychiatrist, Lawyer, Mental Health Professional, Chairperson, etc.) that assess your risk to the community • Make decisions about your care, treatment, and possible release Possible Decisions by Ontario Review • Detain you in a psychiatric hospital Board • Conditionally release you to the community (with conditions such as housing, treatment, and monitoring) • Full discharge if you do not pose a risk to the community Review Process • If found NCR, you will usually have hearing with the ORB within 90 days • After your first ORB hearing, you will have an annual review (once a year) to reassess mental health and risk) • This happens until you receive a full discharge * There is no time limit to how long you can be under the ORB * Note: having a mental health challenge or intellectual disability does not automatically mean you can enter the Forensic Mental Health System. There are specific criteria and processes to be found “unfit” or NCR. For official documentation and updates regarding the Ontario Review Board and its processes, you can refer to the Ontario Review Board’s official website: https://www.orb.on.ca (Ontario Review Board, 2025)
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Types of Sentences Absolute Discharge
Your court matters are complete and there are no conditions to follow. •
Example: You will NOT have a probation order
•
It will appear on your criminal record for one year
•
◦
The absolute discharge will automatically be removed from your criminal record after one year
◦
No future employer or member of the public will know that you were charged with a crime
This means you need to stay out of trouble for the year following or the court has the ability to bring those charges back
Conditional Discharge •
Is imposed by the judge at sentencing
•
This means that your criminal record won’t show a conviction if you meet the judge’s requirements in the allotted time frame ◦
Typically 1-3 years through a Probation Order
•
You will have rules and conditions to follow during this time
•
When successful, you will not have a criminal record but the Conditional Discharge will stay on file for 3 years following your end date with probation
•
This means you can not get into trouble following or the court has the ability to bring those charges back
•
The conditional Discharge is automatically removed from your record 3 years after your probation order ends
Conditional Sentence •
If you are found guilty of a crime or you plea guilt to a crime the judge can decide to give you a conditional sentence
•
A conditional sentence means NO jail time in a jail
•
You WILL have house arrest, meaning that you will have to follow strict rules and stay in your house ◦
The judge will impose strict rules for when you can leave the house
◦
Examples: appointments and groceries
•
You may have probation after your conditional sentence
•
You WILL have a criminal record in the end
Intermittent Sentence •
If you are found guilty of a crime or you plead guilty to a crime, the judge can decide to give you an intermittent sentence
•
An intermittent sentence means you will have to go to jail but not everyday ◦
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Example: only go to jail on the weekends. The judge will impose strict rules for when you can leave the house
•
When you are not in jail, you will have to follow rules/conditions through a probation order
•
You WILL have a criminal record in the end
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Types of Sentences continued: Other Resolution Outcomes •
Diversion/Direct Accountability: A resolution that does not require the individual to plead guilty or have a criminal record. The individual will be required connect to support and services in their community
•
Peace Bond: All matters have been resolved in court, however, the court issues this order for precautionary reasons
Probation •
You have plead guilty to a crime and the judge has imposed a probation order
•
This order can be from 1-3 years will appear on your criminal record for one year
•
A probation order is a list of conditions/rules you are required to follow while back in the community
•
Some conditions may include: ◦
Keep the peace and be of good behaviour
◦
Tell the court or probation officer if you have changed your name, address or phone number
◦
Do not contact a certain person or people
◦
Do not attend certain locations
◦
Participate in counselling as directed
Fines •
If you are found guilty of a crime and the judge has imposed a fine (restitution or charitable donation) you will be given a length of time to pay it off
•
It will be a set amount of money that can be paid directly at the court house
•
If you can’t pay the fine you are able to request an extension at the court house
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After Court Probation •
Probation is a type of sentence given by the court
•
It allows you to stay in the community under supervision of a Probation Officer
•
You will be required to follow certain rules outlined by your Probation Order given to you at court ◦
A probation order is a legal document from the court that lists the rules you MUST follow while in the community
◦
This may include: ·
Keep the peace and have good behaviour
·
Reside at the address approved by Probation Officer
·
To stay away from certain people and/or places
·
Attend counselling and/or community services
If you break the rules of this order you could face consequences such as a breach or jail time. •
The goal of probation is to assist with goals and follow through with expectations and to continue living your life in the community
Jail
You may go to jail if the court decided that jail is the right punishment for the offence committed. Why might you go to jail?
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•
The crime was serious
•
You have a history of breaking the law
•
Probation Order was not followed
•
To protect the public
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How to Access Support
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Legal Glossary Court Process •
First Appearance - The first time an accused person goes to court after being charged. No trial happens on this day. The person receives their disclosure package and next court date
•
Criminal Responsibility - Being legally responsible for a crime. If a person is not found NCR, the criminal case continues in court
•
Crown Pre-Trial (CPT) - A meeting between your lawyer and the Crown to talk about your case and possible outcomes
•
Disclosure Package - A collection of documents from the Crown Attorney that includes evidence against the accused and a Charge Screening Form
•
Docket - A list of all cases scheduled in court for the day
•
Fitness to Stand Trial - An assessment done to see if a person understands the court process and can work with their lawyer ◦
If Unfit: The person may be sent to a hospital for treatment
◦
If Fit: The court case continues
•
Forensic Mental Health System - A part of the legal and healthcare system that helps people with mental health challenges who are involved in the criminal justice system The goal of probation is to assist with goals and follow through with expectations and to continue living your life in the community
•
Judicial Pre-Trial (JPT) - A meeting between your lawyer, the Crown, and a Judge to discuss your case more seriously and explore ways to resolve it without a full trial part
•
Legal Advice - Guidance and help from a lawyer about your legal rights, options, and what steps to take next
•
Legal Aid - A program that can help pay for a lawyer if you cannot afford one. You need to apply and qualify based on your income
•
Not Criminally Responsible (NCR) - A legal decision that says the person committed a crime but didn’t understand what they were doing or didn’t know it was wrong due to a mental illness ◦
If NCR: No jail sentence. The person is placed under the Ontario Review Board
•
Ontario Review Board - A group that makes decisions about the care, risk, and possible release of people found Unfit or Not Criminally Responsible (NCR). It includes psychiatrists, lawyers, mental health professionals, and others
•
Resolve Your Case - Finding a way to end your case, either by going to trial, making a deal (plea), or having the charges dropped
•
Treatment Order - A legal order that sends an “unfit” person to a forensic hospital (usually for 60 days) for mental health treatment to try to make them fit to stand trial
Court Professionals
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•
Accused - The person charged with a criminal offense
•
Crown Attorney - A government lawyer who represents the public and is responsible for proving the charges against the accused
•
Clerk of the Court - Manages paperwork, organizes court schedules, and calls court to order
•
Court Reporter - Records everything said in the courtroom
•
Defence Counsel - A lawyer paid for by Legal Aid
•
Duty Counsel - A free lawyer who helps accused individuals who do not have their own lawyer
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Legal Glossary continued: Court Professionals continued: •
Forensic Psychiatrist - A psychiatrist who specializes in assessing people involved in the justice system, especially around issues like fitness or NCR he person charged with a criminal offense
•
Judge - A legal professional wearing a red sash who is responsible for making decisions about the law, guilt, and sentencing. Addressed as “Your Honour”
•
Justice of the Peace - A legal professional wearing a green sash who makes decisions on matters before trial, including bail. Addressed as “Your Worship”
•
Witness - A person who provides evidence or testimony in court
Warrants & Missing Court •
Bench Warrant - A psychiatrist who specializes in assessing people involved in the justice system, especially around issues like fitness or NCR he person charged with a criminal offense
•
Failure to Appear - Missing a court date, which can result in an arrest and additional charges
Types of Sentences •
Absolute Discharge - No conditions or probation; the charge is removed from the criminal record after one year
•
Conditional Discharge - Similar to an absolute discharge, but with conditions set by the judge (e.g., probation). The record is removed after three years
•
Conditional Sentence - A jail sentence served in the community, often under house arrest, with strict rules
•
Diversion/Direct Accountability - Alternative resolutions that require connection to services without resulting in a criminal record
•
Fines - A monetary penalty ordered by the court, which must be paid within a set period
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Intermittent Sentence - A jail sentence served part-time (e.g., weekends), with probation conditions when out
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Probation - A sentence allowing an individual to remain in the community under supervision, following a set of rules
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Probation Order - A legal document listing the conditions a person must follow while on probation. Breaking these rules can result in further legal consequences
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Jail Sentence - A punishment where the convicted person is sent to a correctional facility
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Peace Bond - A Court Order with rules to follow, that does not result in a criminal record
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References American Psychological Association (2025). Anxiety. https://www.apa.org/topics/anxiety DBT tools (2025). Cope Ahead Skill. https://dbt.tools/emotional_regulation/cope-ahead.php Canadian Charter of Rights and Freedoms, s 10, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11. Centre for Addiction and Mental Health. (n.d.) Not criminally responsible (NCR) and the law. https://www.camh.ca/en/health-info/mental-illness-and-addiction-index/ncr-and-the-law Community Networks of Specialized Care (2017, November). Developmental disabilities justice toolkit. https://www.community-networks.ca/developmental-disabilities-justic-toolkit/community-networks.ca Department of Justice Canada (2006). The Review Board Systems in Canada: An Overview of results from the Mentally Disordered Accused Data Collection Study. https://www.justice.gc.ca/eng/rp-pr/csj-sjc/jsp-sjp/rr06_1/pg.html Legal Aid Ontario (n.d.). What is a “fitness to stand trial” assessment? https://www.legalaid.on.ca/faq/what-is-a-fitness-to-stand-trial-assessment/ Legal Aid Ontario (n.d.) How do I apply for legal aid? Legal Aid Ontario. Retrieved April 25, 2025, from https://www.legalaid.on.ca/services/how-do-i-apply-for-legal-aid/ Ontario Review Board (2025). Ontario Review Board. https://www.orb.on.ca The Valley Law Group (2025). Managing Emotions in the Court Room: Coping with stress and anxiety. https://thevalleylawgroup.com/blog/managing-emotions-courtroom/#:~:text=Attending%20court%20for%20 any%20reason,trigger%20certain%20emotions%20in%20you
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Bethesda Adult Clinical Services