Nova Scotia Mental Health Court

Today should be the day that the new Nova Scotia Mental Health Court hears its first case. (See the story in the Chronicle Herald .) In effect a criminal court under the Provincial Courts Act, the MHC is staffed by people who are able to understand and assist those who come before it because a mental illness has played a significant role in their criminal behaviour.

More formally, from the MHC Overview [PDF]:

The Nova Scotia Mental Health Court Program is a voluntary offender-based program for adults (persons 18 years of age and older) who have been charged with a criminal offence and have a mental disorder but are competent to participate in the criminal justice system. For this Program, “mental disorder” means a recognized mental illness, including but not limited to schizophrenia and related disorder, mood disorders, anxiety disorders, developmental (mental) delay, organic (acquired) brain injury or head trauma, and co-occurring mental health and substance use disorders where a mental disorder is the primary disorder.

According to a CBC report yesterday, the first hearing may be held up because Nova Scotia psychiatrists have refused to staff the court until a new contract with the government is agreed upon; although, private psychiatrists may be brought in to assist the court.

Toronto was first with a mental health court, establishing “102 Court” in 1998. According to a 2007 Lawyers’ Weekly article, there are mental health courts in Newfoundland and Labrador and New Brunswick.

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