Mental Health Defences in Criminal Cases: How Courts in Edmonton Handle Them

When someone is charged with a crime, their mental health can play a critical role in how the case unfolds. In Canadian law, mental health defences are often misunderstood, both by the public and even by those going through the system. Terms like fitness to stand trial or not criminally responsible (NCR) are frequently used, but what do they really mean?

In Edmonton, courts regularly deal with cases where mental illness affects an accused person’s ability to understand the proceedings or their responsibility for an alleged offence. Knowing how these defences work — and how they intersect with sentencing or diversion programs — can make a significant difference for individuals and families.

Fitness to Stand Trial

Before a criminal trial can even begin, the court must ensure the accused is “fit to stand trial.” This does not mean being in perfect health; it means having the basic ability to understand what is happening.

The legal test for fitness is straightforward: can the accused understand the nature of the proceedings, the role of the judge and lawyers, and communicate with their defence counsel? If the answer is no — often due to severe mental illness, cognitive impairment, or active psychiatric symptoms — the court may pause the case.

In Alberta, if someone is found unfit, they are typically sent for treatment aimed at restoring fitness. Once fit, the trial can proceed. This ensures fairness and protects the integrity of the justice system.

Not Criminally Responsible (NCR)

The other major mental health defence is a finding of not criminally responsible by reason of mental disorder. This defence is used when, at the time of the alleged offence, the accused suffered from a mental disorder that made them incapable of appreciating the nature of their actions or knowing that what they were doing was wrong.

If an Edmonton court accepts an NCR defence, the person is not “acquitted” in the usual sense, but neither are they convicted. Instead, the case is referred to the Alberta Review Board, which decides on conditions to both protect the public and ensure the individual gets proper treatment. These conditions may range from hospital detention to conditional release into the community.

Recent Alberta Examples

Alberta courts have applied mental health defences in a range of cases. In some, accused individuals suffering from psychosis or severe schizophrenia were found NCR because they could not understand the nature or wrongfulness of their actions. In others, courts have rejected the defence where the illness did not meet the high legal threshold.

These cases underline a key point: mental health struggles do not automatically lead to NCR findings. The evidence must clearly show that the disorder removed the accused’s ability to appreciate their conduct or its wrongfulness.

How Defence Lawyers Prepare

For defence counsel, raising a mental health defence requires careful preparation. Lawyers often seek psychiatric assessments from qualified experts, gather medical records, and interview witnesses who can speak to the accused’s mental state.

It is also critical to weigh the consequences. An NCR finding avoids a criminal record and prison sentence, but it can lead to years under the supervision of the Review Board. Defence lawyers in Edmonton must balance the risks and benefits for each client.

Mental Health and Sentencing Alternatives

Even when an accused is fit and does not meet the NCR threshold, mental health can still influence sentencing. Alberta courts may consider mental illness as a mitigating factor, reducing the severity of punishment. In some cases, offenders may be diverted into treatment or community-based programs rather than serving time in custody.

Edmonton also benefits from specialized resources, such as mental health courts and diversion programs, which aim to address the root causes of offending behaviour. These initiatives recognize that treatment, not punishment, is often the more effective path for both the individual and public safety.

Final Thoughts

Mental health defences in Alberta are complex but essential. They ensure that people who cannot understand the justice process, or who were incapable of appreciating their actions due to illness, are treated fairly. At the same time, courts carefully balance the rights of the accused with the need to protect the public.

For anyone facing charges in Edmonton where mental health is a factor, early legal advice is critical. A defence lawyer can explain the options, arrange assessments, and determine whether an NCR defence, fitness hearing, or sentencing alternative may apply.