Mental Health Act Lawyers in Hamilton
Our experienced defence lawyers represent clients at the Consent and Capacity Board who find that their liberty is restricted by the Mental Health Act. In addition we represent clients at the Ontario Review Board who have been found not criminally responsible by virtue of a mental disorder.
At Smordin Law, we represent the client’s interests by ensuring that the suspension of their liberty is necessary and that the measures are the least restrictive. At hearings we speak for the client and, if they choose, challenge their detention or the terms therein.
What will happen at the hearing?
Each party may attend the hearing and invite anyone they want to come. Family members and friends are also encouraged to attend. The presiding member will introduce everyone and explain how the hearing will work, who the official parties are and the order in which people will speak.
Each party may have a lawyer, call witnesses and bring documents. Each party, and the Board members, may ask questions of each witness. At the end of the hearing, each party will be invited to summarize and the presiding member will then end the hearing.
What happens after the hearing?
The Board will meet in private to make its decision. The Board will issue its decision within one day. The Board may also issue written reasons explaining its decision. Written reasons will be issued if any of the parties request them. This request may be made within thirty days of the hearing.
Can the Board’s decision be appealed?
Any of the parties may appeal the Board’s decision to the Superior Court of Justice.
How can I get more information?