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The province has gone back to partnering with East Coast Forensic Hospital (ECF) in conducting forensic psychiatric assessments on court orders.
In 2019 the province’s contract with ECF wasn’t renewed, which caused delays in the assessment process. At that time virtual assessments were done with out of province psychiatrists.
Stephanie Kelly, a spokesperson for Health PEI, confirmed there is now a memorandum of understanding with the Nova Scotia hospital.
A forensic psychiatric assessment for an accused can be done if the crown or the defense thinks they are either unfit to stand trial or not criminally responsible. The assessments are done by forensic psychiatrists who are experts in assessing if someone is fit to stand trial or responsible for crimes.
“If ECF cannot see the client, arrangements will be made for another contracted forensic psychiatrist to conduct the assessment,” Kelly said.
Health PEI provides the forensic psychiatrist with information in advance of directly interviewing the individual. Once an assessment is complete, the psychiatrist has seven days to provide a report to the courts.
Kelly said the assessments are done virtually and in person depending on the decision made by the psychiatrist.
PEI does not have any forensic psychiatrists currently and there are few experts in this field in Canada, and they are in very high demand. Therefore, the province relies on experts from other jurisdictions to conduct assessments virtually, to cut costs and wait times, Kelly added.
Virtual assessments are commonly used across Canada in situations when an individual is in a rural or remote area, when an assessment is being done with an individual in custody, or when the expert conducting the assessment is in another location.
“At times there can be a benefit to observing the accused in hospital, but this can be done by hospital staff who can then report to the psychiatrist if the psychiatrist is remote,” she said.
According to the Canadian Guideline for Forensic Psychiatry Assessment and Report Writing published by Canadian Academy of Psychiatry and Law in 2021, virtual psychiatric assessments are being increasingly used because of the technological advancement and out of necessity.
“When an in-person assessment is impossible, a court or tribunal may direct that the assessment takes place using an electronic modality,” the guideline said.
It says the limitations, ethics and procedures in conducting interviews are evolving, and the assessor needs to remain informed of new practice standards in the law, especially regarding breach of privacy and consent.
Once the assessment is done, the court can choose to accept or reject the findings. If the court agrees with the assessment that the accused is unfit to stand in the trial, then it may issue a 60-day treatment order and will be reassessed after that.
If they are found to be not criminally responsible, they would be placed under the oversight of Criminal Code Review Board (CCRB). The CCRB would determine if the person should be detained in designated facilities such as the Hillsborough Hospital and QEH or remain in the community depending on the treatment plan and safety risks.
The cost of these assessments is paid by Health PEI. If the court wants to get a second opinion, then it can also contract an assessment independently.
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