Acts and Regulations

I-8 - Infirm Persons Act

Full text
Trial, order, appeal
6(1)Where in the opinion of the court the evidence does not establish beyond reasonable doubt the alleged mental incompetency, or where for any other reason the court deems it expedient so to do, instead of making an order under subsection 5(1), the court may direct an issue to try the question of mental incompetency.
6(2)The issue shall be tried without a jury.
6(3)The trial shall take place at such time and place as the court may direct.
6(4)On the trial of the issue the inquiry shall be confined to the question whether or not the person who is the subject of the inquiry is at the time of the inquiry a mentally incompetent person and incapable of managing himself or his affairs, and the presiding judge shall make an order in accordance with the result of the inquiry.
6(5)The practice and procedure as to the preparation, entry for trial and trial of the issue, and all the proceedings incidental thereto, shall be the same as in the case of any other issue directed by the court or a Judge.
6(6)The alleged mentally incompetent person and any person aggrieved or affected thereby has the like right to appeal from an order made upon or after the trial as may be exercised by a party to an action in the court; and the court hearing any such appeal has the same powers as upon an appeal from a judgment entered at or after the trial of an action.
6(7)Subject to the provisions of section 9 the order or judgment of the court is final unless set aside upon appeal under subsection (6).
R.S., c.144, s.5; 1979, c.41, s.66
Procedure
6(1)Where in the opinion of the court the evidence does not establish beyond reasonable doubt the alleged mental incompetency, or where for any other reason the court deems it expedient so to do, instead of making an order under subsection 5(1), the court may direct an issue to try the question of mental incompetency.
6(2)The issue shall be tried without a jury.
6(3)The trial shall take place at such time and place as the court may direct.
6(4)On the trial of the issue the inquiry shall be confined to the question whether or not the person who is the subject of the inquiry is at the time of the inquiry a mentally incompetent person and incapable of managing himself or his affairs, and the presiding judge shall make an order in accordance with the result of the inquiry.
6(5)The practice and procedure as to the preparation, entry for trial and trial of the issue, and all the proceedings incidental thereto, shall be the same as in the case of any other issue directed by the court or a Judge.
6(6)The alleged mentally incompetent person and any person aggrieved or affected thereby has the like right to appeal from an order made upon or after the trial as may be exercised by a party to an action in the court; and the court hearing any such appeal has the same powers as upon an appeal from a judgment entered at or after the trial of an action.
6(7)Subject to the provisions of section 9 the order or judgment of the court is final unless set aside upon appeal under subsection (6).
R.S., c.144, s.5; 1979, c.41, s.66