The first mental health court in Quebec will commence in March 2008 at the Montreal municipal court. Initially a 3 year pilot project, it is most likely to become a permanent program. This court will solely deal with cases involving mentally ill individuals accused of municipal violations or minor crimes such as shoplifting.

How does it work?
A room will be designated for the mental health court at the courthouse where accused individuals will be seen. Upon their first appearance they will have the right to decide if they want to be heard in front of the mental health court or go through the regular court system.

If the accused then accepts that their case be heard in the mental health court they will not be sentenced, won't have a record, won't be fined and won't serve time in prison. They will however have to prove that they are receiving treatment imposed by the judge.

The court will then basically offer the choice of either being sentenced and risking the chance of prison time or receiving treatment. If they choose the latter then the court will see to it that the accused is stabilized on a psychiatric level and respects the conditions of supervision in regards to their mental health (for example that they show up to their appointments or are taking their prescribed medication).

Involved in the mental health court will be a worker from UPS-J (Emergency Psychosocial Justice), a probation officer, a liaison worker to mental health services and a doctor. They will facilitate and speed up the process of determining which individuals present mental health problems. There isn't however enough time in this process for a diagnosis to be rendered.

Hopefully this mental Health court, which has already been established in Ontario, will help in keeping the mentally ill out of prison and into treatment which is what they really need.