Purpose & Background
The purpose of this Notice is to describe the process for referral of an adult accused person appearing in custody for a bail hearing to a forensic liaison1 for a mental health examination.
This Notice only applies to accused in sheriff cells for criminal files originating at the Kamloops, Kelowna, Nelson, Cranbrook, Surrey2, Victoria, Nanaimo, and Courtenay courthouses (Designated Courts).
Forensic Psychiatric Services (FPS) has had a long-standing forensic liaison presence at the Vancouver Provincial Court (222 Main Street), the Downtown Community Court and more recently the Northern Virtual Bail Forensic Liaison Program (Notice 33).
The forensic liaison facilitates timely access to services for the accused, particularly those in-custody, with the following goals:
- Reducing the number of accused persons being held in custody pending a formal fitness assessment by FPS;
- Making available timely care and treatment and bridging services to the community for the accused;
- Providing the Court with information regarding the availability of specific bail conditions, which may reduce the risk to re-offend and support access to treatment; and
- Reducing community displacement.
The Forensic Liaison Program is distinct from the Forensic Psychiatric Services (FPS) Overnight Assessments completed by forensic psychiatrists for accused in court locations in the Lower Mainland; and the Northern Virtual Bail Court Forensic Liaison Program.
In appropriate cases, after discussion between Crown counsel and defence/duty counsel, a referral may be sent to a forensic liaison requesting a mental health status examination. Upon providing a nonconfidentiality warning advising the accused that their criminal charges will not be discussed, and receiving consent of the accused, a forensic liaison will complete a mental status examination, gather collateral information regarding prior treatment and prior assessments, and make recommendations regarding treatment needs and options and potential community resources to support the accused should they be released on bail. Should the accused not consent or be unable to consent, the forensic liaison will limit their assessment to observation and any health related information available consistent with privacy legislation.
- A forensic liaison (Nurse/ Social Worker) will provide mental status exams, gather collateral information regarding prior treatment, treatment needs, and potential community resources to support the accused should they be released.
- For the Surrey court this process is in addition to the FPS Overnight Assessments completed by Forensic Psychiatrists.