Fitness and competency issues in Canadian criminal courts: elucidating the standards for mental health professionals.

Abstract

The issue of competency arises at various stages of criminal proceedings in an effort to protect those individuals who are unable to participate in the legal process. The competency question is a legal issue ultimately decided by a judge. However, mental health professionals are often called upon to provide insight into an individual's level of competence. To date, the standards by which an individual is found competent have remained far from clear. This creates a problem for clinicians who are requested to make competency evaluations. This article addresses the competency issues as they arise at various stages of legal proceedings in order to determine the standards that are applied by the courts. Furthermore, given the importance placed on mental health evaluations of competency, the role of mental health practitioners will be addressed as it pertains to the competency question at each juncture in the criminal justice system.