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The standard for competency to stand trial is whether the defendant ?has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding?and whether he has a rational as well as factual understanding of the proceedings against him.? Dusky v.
Fitness to stand trial and criminal responsibility assessments are two types of forensic mental health evaluations that can be ordered by Canadian courts when an accused person is charged with a criminal offence.
In determining whether the defendant is competent to stand trial, the court must determine "whether [the defendant] has sufficient present ability to consult with his lawyer with a reasonable degree of rational understanding -- and whether he has a rational as well as factual understanding of the proceedings against ...
(2) ?Competent? or ?competency? means mental ability to stand trial. A person is mentally competent to stand trial if he or she is able to understand the character and consequences of the proceedings against him or her and is able properly to assist in his or her defense.
A person is mentally competent as long as they can understand the rights, responsibilities, risks, or benefits involved in decisions, and the potential consequences of what they decide.