Victims of Crime Before the Review Board for Mental Disorder
Recovering from criminal victimization or witnessing the suffering of a loved one is never easy. It demands a great deal of energy, courage and determination. The consequences of crime can be destabilizing, affecting different aspects of a person’s life. When faced with the many legal proceedings that often follow very quickly after the crime, it is not surprising that victims and those close to them feel distraught and desperate for information. They want their concerns to be heard and their rights respected.
If you or a loved one was the victim of a crime committed by an individual who has been found unfit to stand trial (UST) or not criminally responsible on account of mental disorder (NCR), it is the Review Board for Mental Disorder (RBMD) that will be called on to make the necessary decision in such cases.
Like most people, you probably know very little about the role of this tribunal and have many questions: Do I have to testify before the RBMD? Who is responsible for informing me of the dates of RBMD hearings and decisions? How will my safety be ensured? Who can I talk to about my fears and apprehensions? What will happen to the person who is found UST or NCR? Will they receive the necessary care to ensure they do not reoffend? Will they ever be sentenced for the crime they committed?
It is normal to feel anxious and confused at the thought of dealing with the RBMD. You will need to become familiar with a tribunal that has its own terminology, participants, functioning and rules. It is important to understand that the RBMD operates in a forensic context, which means that it has to take into account public safety—including yours and that of your loved ones—as well as the mental state of the accused person, their social reintegration and other needs.
The purpose of this brochure is to provide you with the information you need on the RBMD and answer your questions. It is also intended to serve as a reminder that you are guaranteed rights and recourses under the Canadian Victims Bill of Rights and the Act to assist persons who are victims of criminal offences and to facilitate their recovery, and that resources are available to help you ensure that those rights and recourses are respected.