Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when representing a client in Canadian criminal proceedings where fitness to stand trial or criminal responsibility (NCR) under section sixteen of the Criminal Code is in issue. It guides defence counsel through client intake, forensic assessment orders, fitness hearings, substantive NCR trials, and Review Board referrals.
Jurisdiction: This plan operates under Canadian federal criminal law and applies in courts across all provinces and territories. The forks address: (1) fitness restoration and treatment orders under section six hundred and seventy-two point five eight, (2) opposing Crown applications for High-Risk Accused designations under section six hundred and seventy-two point six four, and (3) provincial Review Board notice and electronic filing workflows.
The Process at a Glance: The process starts with identifying whether the client understands court proceedings and can instruct counsel. If fitness is doubted, counsel applies for a court-ordered fitness assessment. A forensic hospital evaluates the client. If unfit, the client enters the restoration pathway. If fit but suffering from a mental disorder at the time of the offence, counsel prepares the substantive Not Criminally Responsible defence. The trial determines guilt, and the NCR issue is litigated post-verdict. If NCR is found, the court refers the matter to the provincial Review Board for disposition.
Use this plan to manage ongoing Review Board hearings, file notices, and comply with provincial electronic filing and naming standards. It guides counsel through motions under Rule 8, filing constitutional notices, and representing clients at annual review hearings.
Use this plan when a client has been found unfit to stand trial and is subject to a Crown application for an involuntary treatment order to restore fitness, or requires a stay of proceedings due to permanent unfitness. It guides counsel through opposing treatment applications, challenging admission delays, and securing stays of proceedings.
Use this plan when the Crown applies to designate a client as a High-Risk Accused under section six hundred and seventy-two point six four of the Criminal Code. It guides counsel through opposing HRA applications, contesting risk assessments, and navigating the secure detention regime.
Key Legislation and Case Law: The proceeding is governed by the Criminal Code (Justice Laws Portal), specifically section sixteen for the Not Criminally Responsible defence, section two for definitions of fitness and disease of the mind, and Part twenty point one for assessment orders and dispositions. Key constitutional rights are protected under the Canadian Charter of Rights and Freedoms (Justice Laws Portal). Key authorities include R. v. Swain, [1991] 1 S.C.R. 933, R. v. Taylor (1992), 77 C.C.C. (3d) 551, R. v. Conception, 2014 SCC 60, Cooper v. The Queen, [1980] 1 S.C.R. 1149, R. v. Bouchard-Lebrun, 2011 SCC 58, and Winko v. British Columbia, [1999] 2 S.C.R. 625. Case details are accessible on CanLII (Canadian Legal Information Institute).
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Not Criminally Responsible (NCR) Defence and Fitness (Accused) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Criminal Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
| Field | Token | Type | Required | Defined in |
|---|---|---|---|---|
| Matter(4) | ||||
| Matter numberⓘ | matter.matterNumber | text | Required | inheritedmatter-core |
| Matter title | matter.title | text | - | inheritedmatter-core |
| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
| Matter status | matter.status | text | - | inheritedmatter-core |
| Client(1) | ||||
| Client name | matter.clientName | text | Required | inheritedmatter-core |
Establish the file, complete conflict checks, and gather initial psychiatric history.
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Secure the court order directing a designated forensic psychiatrist to evaluate the client.
Argue the client's fitness status and receive the court's judicial determination.
Argue the substantive Section 16 defence following a finding of guilt on the actus reus.
Secure the NCR verdict and transition the file to the post-verdict Review Board system.
We do not house forms for this jurisdiction yet. Where a task names a form, its link goes to the official source.