05-22-2014, 03:04 PM
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#813
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Unfrozen Caveman Lawyer
Join Date: Oct 2002
Location: Crowsnest Pass
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“unfit to stand trial” means unable on account of mental disorder to conduct a defence at any stage of the proceedings before a verdict is rendered or to instruct counsel to do so, and, in particular, unable on account of mental disorder to
(a) understand the nature or object of the proceedings,
(b) understand the possible consequences of the proceedings, or
(c) communicate with counsel;
The test for fitness is not onerous. It only requires a "limited cognitive capacity" to communicate with counsel and understand the process.
http://en.wikibooks.org/wiki/Canadia...to_Stand_Trial
A mental disorder defence is something else:
http://en.wikipedia.org/wiki/Mental_disorder_defence
The defence of mental disorder is codified in section 16 of the Criminal Code of Canada which states, in part:
16. (1) No person is criminally responsible for an act committed or an omission made while suffering from a mental disorder that rendered the person incapable of appreciating the nature and quality of the act or omission or of knowing that it was wrong. [4]
To establish a claim of mental disorder the party raising the issue must show on a balance of probabilities first that the person who committed the act was suffering from a "disease of the mind", and second, that at the time of the offence they were either 1) unable to appreciate the "nature and quality" of the act, or 2) did not know it was "wrong".
The meaning of the word "wrong" was determined in the Supreme Court case of R. v. Chaulk [1990] 3 S.C.R. which held that "wrong" was NOT restricted to "legally wrong" but to "morally wrong" as well.
Last edited by troutman; 05-22-2014 at 03:06 PM.
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