How to Process a Mental Disorder Appeal

This guide is intended to help you prepare your notice of appeal. Office staff cannot provide legal advice or complete your appeal on your behalf. For more information about appeals and procedures, please refer to the Criminal Appeal Rules.

APPEAL BY UNREPRESENTED APPELLANT (PART XX.I - MENTAL DISORDER)

What is an appeal under Part XX.1 - Mental Disorder?

An appeal under Part XX.I - Mental Disorder involves a review of a decision (disposition) made by a court finding a person not criminally responsible on account of mental disorder, or a review of a placement decision by a Review Board.

Do I require a lawyer?

No. You may represent yourself at the Court of Appeal, but it is recommended that you seek legal advice if possible.

How do I begin an appeal?

An appeal is initiated by filing one copy of a notice of appeal (Form E). The person in charge of the hospital will provide you with the required form. Once completed, the notice of appeal will be sent to the Court of Appeal by the person in charge of the hospital.

What is the deadline to file the notice of appeal?

The notice of appeal must be served upon the person in charge of the hospital no later than 15 days from the day you received a copy of the disposition or placement disposition.

What if my time to file an appeal has expired?

If a notice of appeal has not been served within the required time, you must complete the portion of Form E referring to an application for an extension of time.

What will happen if I do not complete the notice of appeal properly?

The Registrar of the Court of Appeal may return the notice of appeal to the hospital if it has not been completely and properly prepared. Keep in mind that this will delay the processing of your appeal.

What will happen once the notice of appeal has been filed?

The Registrar of the Court of Appeal will send a copy of the notice of appeal to the Ontario Review Board, in order to request the original papers, and to the Ministry of the Attorney General (Crown Law-Criminal Division).

Am I required to file other documents?

No. The Ontario Review Board is responsible for sending the original papers and exhibits to the Court of Appeal office. The Ministry of the Attorney General (Crown Law Office-Criminal Division) will prepare the appeal book, provide you with a copy, and file 3 copies with the Court of Appeal.

When will my appeal be heard?

The Ministry of the Attorney General (Crown Law - Criminal Division) will notify you in writing of the hearing date.

Who will make the arrangement for me to appear in court?

The Ministry of the Attorney General (Crown Law-Criminal Division) will arrange for your transportation to the Court of Appeal so that you can argue your appeal.

What if I decide not to continue the appeal?

When an appellant chooses to discontinue (abandon) the appeal, a notice of abandonment must be filed in the Court of Appeal office. The notice of abandonment must be signed by the appellant and witnessed by an officer of the hospital or by a lawyer.

GLOSSARY OF TERMS

Appeal book contains copies of all pertinent documents that were before the court from which the appeal has been taken.

Appellant is the party who appeals a judgment or order to the Court of Appeal.

Disposition means an order made by a Court or Review Board

Hospital is a place in a province designated by the Minister of Health for the custody, treatment or assessment of an accused of whom an assessment order, a disposition or placement disposition is made.

Original papers/exhibits are documents filed at the trial or hearing of the proceeding under appeal.

Placement disposition is a decision made by a Review Board.

Respondent is a party against whom an appeal is brought.