ABSTRACT

This chapter provides an overview of the development of mental health courts (MHC). MHCs were first established in the adult criminal justice system, and more recently have been extended to the juvenile justice system. The MHCs are now seen as members of a larger group alternatively known as problem-solving courts. Several jurisdictions in Canada and around the globe have created MHCs and/or diversion programs as an efficient vehicle for the diversion or transfer of mentally disordered offenders from the criminal justice system to civil mental health services, where they are best and most appropriately served. In the United States, these courts are most often operating within the misdemeanor court system, which translates, in Canada, fairly well into 'summary conviction matter'. MHC and diversion programs are not part of the criminal justice system in all parts of Canada. MHCs are typically made up of a number of partners and a variety of professionals.