Frequently Asked Questions
The Review Board is distinct from the Mental Health Review Board. The Review Board only consider matters where a criminal court has rendered a verdict of not criminally responsible on account of mental disorder (NCRMD) or a finding of unfit to stand trial.
The Mental Health Review Board is constituted pursuant to The Mental Health Act and considers challenges brought by people who have been detained involuntarily in civil mental health facilities.
Review Board hearings are usually open to the public. Hearings are typically held on Mondays in Courtroom 312 at the Law Courts Building, 408 York Ave., in Winnipeg. Please contact the Review Board Administrator to make arrangements to attend a hearing.
Please note that the Review Board may close the hearing or part of the hearing to the public if it is in the best interests of the accused and not contrary to the public interest.
No. Although Review Board hearings are generally public and may be attended, recording is strictly prohibited.
The disposition (order) is issued within seven days of a hearing.
Written reasons are released to parties at a later date.
Dispositions of the Review Board are public unless an order has been made restricting public access. To obtain a copy of a disposition, a request should be made to the Review Board Administrator.
Some decisions contain sensitive information which may need to be removed before the disposition is released.
If an accused is ordered detained in custody in a hospital, the accused will be required to reside at a designated unit within a hospital that allocates beds for patients with mental health disorders. Currently, in Manitoba, there are two designated hospitals for adults: Selkirk Mental Health Centre and PsycHealth Centre, Health Sciences Centre, the latter in Winnipeg.
Where an accused fails to attend a hearing, the Chairperson has the power to compel the appearance of an accused by issuing a warrant or summons pursuant to section 672.85 of the Criminal Code. However, a warrant for the arrest of the accused may be sought by the Crown and issued by a judge.
The Review Board does not have jurisdiction to enforce its own disposition orders.
Where an accused breaches a condition of his or her Review Board order, a warrant may be sought by the Crown for the accused's arrest. An accused may also be arrested without a warrant pursuant to section 672.91 of the Criminal Code.
No. The Review Board does not have jurisdiction to compel or require an accused to take medication.
For questions and inquiries regarding process, please see the Hearing Process, refer to the Rules of Practice and Procedure, or contact the Review Board Administrator.
