Two violent incidents in Toronto recently have been handled very differently within the justice system, including one case which has proceeded to mental health court. Ellis Galea Kirkland, 60, was charged with attempted murder last week after she allegedly stabbed the concierge of her condominium. Kirkland was almost immediately placed before a specialized mental health court and taken for a psychiatric assessment at a forensic facility. A determination will be made whether she is fit to stand trial, which can potentially lead to a finding of “not criminally responsible.”
Rohinie Bisesar, 41, allegedly stabbed a woman in Toronto’s financial district last December. She was charged with first-degree murder and is making appearances through the usual criminal court system. Bisesar’s lawyer told the Toronto Star he would not comment on why he hadn’t asked for his client’s case to be moved to the special court, or why he hasn’t yet sought a mental health assessment.
Still, these two cases show how differently people with mental health issues can move through the criminal justice system.
There are many people with a range of mental health conditions in the so-called “regular” stream of the criminal justice system. Mental health courts are not available in every jurisdiction and there is no provincial standard for how they operate. While strides are being made in the mental health courts, there are also many questions about how to best serve this vulnerable population within the criminal justice system.
The Human Services and Justice Coordinating Committee, which CMHA Ontario partners with, is currently engaged in a survey of mental health courts in Ontario to examine how these courts operate. The survey will provide a snapshot of how these courts are currently operating, with a view to sharing the information with stakeholders across the province who will then participate in a forum to discuss the findings.