When the Tribunal acts as a Review Board for mental disorder (RBMD), it renders decisions under the Criminal Code. Its decisions are binding, like those of a court.

Who appears before the RBMD?

A person charged with a criminal offence must appear before the RBMD when a criminal court judge finds that the person is:

 Unfit to stand trial

The person does not understand what he or she has been accused of, the possible consequences of the criminal charges, or is unable to communicate with his or her lawyer to conduct the person’s defence. As no trial has been held, the person is still presumed innocent.

 Not criminally responsible on account of mental disorder

A trial is held but the person is not convicted or acquitted. It is decided that at the time of the offence, the person was suffering from a mental disorder and was incapable of appreciating the nature of the acts.