Fitness to stand trial evaluations are the most commonly conducted mental health examination in Canada (O'Shaughnessy, 2007; van der Wolf, van Marle, Mevis, & Roesch, 2010). As the concept of fitness is defined in 1992 in the revision of the Canadian Criminal Code, these evaluations are limited to criminal settings and do not directly apply in other potentially relevant legal areas. However, a similar criterion exists for those in immigration proceedings. The Immigration and Refugee Board of Canada (IRB) requires that those members who are responsible for hearing and deciding the cases designate a representative for foreign nationals or detainees who are unable to appreciate the nature of the immigration proceedings. Still, the IRB does not provide standardized procedures for the evaluation of individuals' level of appreciation. The lack of clear guidelines is juxtaposed with an increased burden on the part of immigrants as they often complete these court proceedings without legally trained representatives. Therefore, an evaluator must assess for a comparatively high level of appreciation and ability to communicate in the context of potential cultural and language barriers. This paper reviews the legal standards for fitness to stand trial, as well as the limited literature regarding the impact of cultural variables on this type of evaluation. The authors then highlight recommendations for clinicians, IRB members, and policymakers regarding fitness assessments for immigration proceedings. © 2016 Canadian Psychological Association.

adjudicative competency competency to stand trial fitness to stand trial Immigration Refugee

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