Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
This plan operates under Canadian federal law and applies in all provincial and territorial courts. It branches from the parent Not Criminally Responsible and Fitness plan when an unfit verdict is entered.
| Field | Token | Type | Required | Defined in |
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| Matter(4) | ||||
| Matter numberⓘ | ||||
The Process at a Glance: The process starts with reviewing the Crown's application for a treatment order under section sixty-two point five eight. Counsel cross-examines the psychiatric expert to ensure the treatment is the least intrusive option. If ordered, counsel monitors hospital consent and admission delays, applying for section seven Charter remedies if required. The client is treated for up to sixty days. If the client remains unfit and is unlikely to ever regain fitness, counsel applies for a judicial stay of proceedings under section sixty-two point eight five one.
Key Legislation and Case Law: The proceeding is governed by the Criminal Code (Justice Laws Portal), specifically sections six hundred and seventy-two point five eight, six hundred and seventy-two point five nine, six hundred and seventy-two point six two, and six hundred and seventy-two point eight five one. Key constitutional protections are under the Canadian Charter of Rights and Freedoms (Justice Laws Portal). Key jurisprudence includes R. v. Conception, 2014 SCC 60, establishing hospital consent limits and Charter remedies for admission delays. Case law is verified via 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) - Restoration of Fitness - Treatment Order Pathway 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.
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 |
Contest the Crown's application for an involuntary treatment order under Section 672.58.
Monitor admission delays and secure hospital entry, using Charter remedies if necessary.
Establish permanent unfitness and terminate proceedings in the interests of justice.
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