(1) The Mental Health Court may not make a decision under section 116 (1) (a) or (b) if the court is satisfied there is a substantial dispute about a fact (a
"material fact" ) that is material to an opinion stated in an expert’s report received in evidence by the court on the reference.
(2) Without limiting subsection (1) , a material fact may relate to—(a) the person’s relevant circumstances before, at the time, or after the offence was allegedly committed; or(b) an event, act or omission related to the offence, whether the event, act or omission happened before, at the time, or after the offence was allegedly committed.