Charges & matters we handle
- Not Criminally Responsible (NCR) dispositions
- Fitness to stand trial
- Annual and review ORB hearings
- Detention orders and conditional discharges
- Absolute discharge applications
What the Board decides
After an NCR or unfit finding, the Board chooses among dispositions — detention in a hospital, a conditional discharge with conditions, or an absolute discharge. By law, it must choose the disposition that is the least onerous and least restrictive, taking into account public safety, the person's mental condition, and their reintegration into society.
How we help
We prepare for the hearing, test the evidence about risk, and advocate for the least restrictive disposition available on the facts — whether that is loosened conditions, a move toward the community, or an absolute discharge.
Frequently asked questions
What does Not Criminally Responsible mean?
A person found NCR was, because of a mental disorder, incapable of appreciating the nature of their act or knowing it was wrong. It is not a conviction; instead, the person comes under the Ontario Review Board's jurisdiction.
What happens at an ORB hearing?
The Board reviews the person's situation and decides on the appropriate disposition, ranging from continued detention to a conditional or absolute discharge, guided by the least-onerous-and-least-restrictive principle.
Related practice areas
- Mental Health LawRepresentation for individuals navigating the mental health system — detention, treatment, and your rights under Ontario's mental health legislation.
- Consent & Capacity BoardAdvocacy at Consent and Capacity Board hearings — involuntary admission, treatment capacity, and substitute decision-making.
- Bail HearingsUrgent bail hearings to get you or a loved one home quickly, on the best possible terms.
Talk to Nicola Circelli
Free, confidential consultation. Available 24/7 for arrests and bail.
This page provides general legal information only; it is not legal advice and does not create a solicitor–client relationship. Outcomes depend on the specific facts of each case.