What Is ‘Not Criminally Responsible on Account of Mental Disorder’?
By Hans 'John' Kalina | Originally published August 20, 2020 | Reviewed and updated October 7, 2026
Not criminally responsible on account of mental disorder, usually called NCR, is a specific legal finding. It is not established merely because a person has a diagnosis, received treatment or was behaving unusually. The question is whether a mental disorder produced the incapacity required by the Criminal Code when the alleged act occurred.
The legal test
Section 16 of the Criminal Code applies where a mental disorder made the person incapable of appreciating the nature and quality of the act or omission, or of knowing that it was wrong. The law presumes that a person is not exempt from criminal responsibility. The party raising the issue must establish the exemption on a balance of probabilities.
An NCR verdict requires a finding that the accused committed the act or omission forming the basis of the offence but meets the section 16 test. A psychiatric opinion can be important, but the court or jury determines the legal issue. Mental-health evidence may also be relevant to other issues, depending on the case; there is no general rule that a diagnosis automatically reduces a charge to a lesser offence.
NCR and fitness to stand trial are different
NCR concerns the person’s condition at the time of the alleged act. Fitness concerns the person’s present ability to participate in the criminal proceedings. One question does not answer the other. A person may be fit to stand trial and still raise an NCR defence.
A court may order an assessment where the statutory grounds are met and an assessment is necessary for a specified issue. An assessment order is not an automatic prerequisite to every NCR verdict. The rules governing an assessment sought by the prosecutor also impose limits. Obtain advice before making statements or taking steps that may put mental capacity in issue.
What happens after an NCR verdict?
An NCR verdict is not a criminal conviction. However, it does not mean immediate release, automatic erasure of every record or the absence of future consequences. The court or the Ontario Review Board may make a disposition under Part XX.1 of the Code. The Review Board is not the Ontario Parole Board.
Under section 672.54, public safety is the paramount consideration. The decision also takes account of the person’s mental condition, reintegration and other needs, and must be necessary and appropriate. The available dispositions are an absolute discharge, a conditional discharge or detention in a hospital. A person who is NCR and is not a significant threat to public safety must be discharged absolutely.
A significant threat is not simply public unease about a diagnosis. The statutory definition concerns a risk of serious physical or psychological harm through conduct that is criminal in nature. Conditional discharge may permit community living subject to conditions. Hospital detention is not the inevitable result of every NCR finding.
Hearings, reviews and treatment
Where the court does not make a disposition, the Review Board hearing must ordinarily be held as soon as practicable and within 45 days of the verdict. The court can allow up to 90 days in exceptional circumstances. Other timelines apply where the court has made a non-absolute disposition. Review hearings ordinarily occur within 12 months, but the Code allows longer intervals in specified circumstances. There is no universal promise of an annual hearing or a fixed release date.
A disposition cannot itself direct psychiatric or other treatment without the accused’s consent to a reasonable and necessary condition. Separate treatment and consent laws may also apply. Hospital detention should not be described as an automatic authority for every proposed treatment.
The court can designate a person a high-risk accused only where the statutory criteria and procedure are met. That designation carries additional restrictions; it does not follow automatically from an NCR verdict or a serious allegation.
Prepare with counsel
Identify the legal issue: responsibility at the time of the alleged act, present fitness, or another mental-health issue.
Discuss relevant medical history and records with counsel before arranging an assessment or making statements.
Understand the possible dispositions, proposed conditions, treatment-consent issues and review process.
Do not assume that an absolute discharge deletes all records. Ask about the particular record, disclosure requirement or future proceeding.
Related guidance
For advice about your circumstances, contact our office. General information only, not legal advice.