BC Review Board
The BC Review Board protects the rights of people who are found not criminally responsible for a crime or unfit to stand trial due to a mental disorder. It is also responsible for protecting the public from these patients and clients.
About the BC Review Board
The BC Review Board oversees the legal process for people who are unfit to stand trial or who are not criminally responsible on account of a mental disorder (NCRMD). It is an independent tribunal, or court, under the Criminal Code of Canada, with the same authority as the Supreme Court of British Columbia. It can hold hearings and decide the outcome for people who are charged with crimes and have been deemed unfit to stand trial or NCRMD by the court.
The review board has three members:
- Chair, usually a retired judge or lawyer
- Psychiatrist
- Mental health professional (e.g. physician, psychologist, social worker, or criminologist)
About the process
When the courts find someone not criminally responsible for a crime or unfit to stand trial due to a mental disorder, they are referred to the BC Review Board. The review board will provide legal oversight of their treatment and supervision.
If someone is found not criminally responsible for a crime or unfit to stand trial, they will be treated at the Forensic Psychiatric Hospital or one of the forensic psychiatric regional clinics.
After the treatment and support they receive, people who have been found not criminally responsible are far less likely to reoffend than people who have been found guilty of a crime.
If someone is found NCRMD at the time of their trial, they will have a review board hearing within 45-90 days.
At the end of the hearing, the review board will come to one of three decisions:
- Absolute discharge: The person will be released to the community with no conditions. They will no longer be under the jurisdiction of the review board
- Conditional discharge: The person will remain under the jurisdiction of the BC Review Board. They can live in the community, and one of the six outpatient forensic regional clinics in BC will care for them. Clinic staff will also ensure the person is following the conditions of their discharge. If the person doesn’t follow the conditions set out by the review board, they will be sent back to the Forensic Psychiatric Hospital
- Custody disposition or custodial disposition: The person remains under the jurisdiction of the BC Review Board. They will continue to receive treatment at the Forensic Psychiatric Hospital until the next BC Review Board hearing. Their custody orders outline the level of privileges that they may receive.
If someone is found NCRMD at the time of their trial, and the BC Review Board issues a custody order, the person will be transferred to the Forensic Psychiatric Hospital for treatment. All patients at the Forensic Psychiatric Hospital are entitled to a BC Review Board hearing once a year. Forensic Psychiatric Services staff will submit reports and present in person at the hearing.
Based on the information provided, the BC Review Board will either decide:
- The person should remain in treatment at the Forensic Psychiatric Hospital for the next 12 months, at which point they will have another hearing
- The person receives a conditional discharge (see definition above)
- The person receives a full discharge. They have completed their treatment and are free to live in the community. They are no longer subject to the BC Review Board
To learn more about the BC Review Board, including the hearing process, common questions, and rules and guidelines, visit the Review Board website.