Usually the accused person or the defence is okay with, or actually requests, that such a pre-sentence report be done so that it can give the court a complete picture of the circumstances of the accused on sentencing. Sometimes that's not the case, though, and the court can order a pre-sentence report on its own, or the crown can ask for it over the objection of the defence.
If, for example, an accused person were not wanting information to be known to the court, for whatever reason, and the mental disorder information were only obtainable by that person consenting, is there a problem with the confidentiality of that information when it becomes known to the court? If so, is there any way we can remedy that problem?