FAQ

The British Columbia Review Board is an independent tribunal, established by the province of British Columbia under the Criminal Code of Canada.

The BC Review Board only deals with matters where a criminal court in British Columbia has made:

• a verdict of not criminally responsible on account of mental disorder (NCRMD); or
• a finding of unfit to stand trial.

The Board reviews the dispositions (legal orders) that have been made in respect of the accused under the Board’s jurisdiction.

The BC Review Board only deals with matters where a criminal court in British Columbia has:

• made a verdict of not criminally responsible on account of mental disorder (NCRMD); or
• a finding of unfit to stand trial.

The Board reviews the dispositions (legal orders) that have been made in respect of the accused under the Board’s jurisdiction.

The Mental Health Review Board is created under provincial legislation to ensure that patients who are detained involuntarily in civil mental health facilities have an opportunity to challenge their detention.

Most Review Board hearings are held at the Forensic Psychiatric Hospital in Port Coquitlam. But, if an accused currently resides in the community under conditions, hearings may also be held at other locations closer to that community.

A Review Board hearing is conducted by a panel of three Board members.  The chair must be a judge, or a person entitled to be appointed as a judge, and the other members must include a psychiatrist and a public member who might have any relevant background.

The parties include the accused, who will almost always be represented by counsel, a representative of the forensic system, and a Crown prosecutor.  Where the accused is a young person under the Youth Criminal Justice Act, their parent or guardian may be a party.

The Review Board may designate other persons as parties. For more information, please see our Hearing Process page. If you think you should be designated as a party, please contact the Review Board registry for more information.

Review Board hearings usually follow a similar process, which can be found on our Hearing Process page.

BC Review Board hearings typically run for one to two hours.

Due to frequent changes, cancellations, and updates, we do not provide an online version of our schedule of hearings. Instead, please contact the Registry.

Review Board hearings are usually open to the public. Please contact the Registry so that arrangements may be made for your attendance. In addition, should the hearing be cancelled, you can be notified.

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.

Although Review Board hearings are generally public and may be attended, recording is strictly prohibited. If you attend a hearing at the Forensic Psychiatric Hospital, they have additional policies and procedures with regards to security and recording devices.

If the hearing is by video, no recording of any part of the proceeding is permitted. This includes, but is not limited to, taking screen shots, recording conversations, and/or using third party software to record the proceeding.

Please refer to our Rules and Guidelines page for more information.

This varies with each hearing. Sometimes, the panel may reach a decision and inform those attending the hearing right away. In other cases, the panel may need to discuss things further, and reserve their decision in the meantime.

Once a decision is reached, usually no later than 1-2 business days after the hearing, the disposition is released to the parties as soon as possible.

Written reasons are finalized and released to parties within 45 days of the hearing date. If an accused is found fit to stand trial, the reasons are completed and released within 2 weeks.

In order to access a decision, please contact the Registry with a written request. Please specify which decision you are requesting. Also, please be aware that some decisions contain sensitive elements that may need to be removed before release.

If you have any questions with regards to our process, please see our Rules and Guidelines page or contact our Registry.

Yes, defence counsel may request a Gladue report through the First Nations Justice Council. Please see About the Board for more information.

Please refer to the Information for Victims page.

If this is an emergency, please contact 911.

If this is not an emergency, it is still best to contact your local police department. Whether you are a victim, a witness, or a family member of an accused, the local police will be able to alert the appropriate people.

If you are concerned that the accused might try to contact you, you should discuss this with Crown Counsel at BCPS.ReviewBoard@gov.bc.ca.

If you are submitting something on behalf of an accused person, it is best to do so through their counsel. If you are submitting something on behalf of a victim, it is best to do so through the Crown counsel office at BCPS.ReviewBoard@gov.bc.ca. If defence or Crown counsel choose to put forward the document, it will automatically be submitted for consideration at the hearing.

If neither of these options is possible, submissions may also be made directly to our email at BCRBRegistry@gov.bc.ca. Please ensure that your email states which accused’s file it is for.

Finally, please keep in mind that all parties, including the accused, will be provided with a copy of all submissions, as the Criminal Code requires. Do not include sensitive information, such as your phone number or address.