The Ontario Review Board held an initial hearing to determine whether the accused, who was previously found unfit to stand trial on a charge of aggravated assault, remained unfit.
The accused suffers from schizoaffective disorder and experiences fixed delusions regarding the court process, including beliefs that the trial judge was involved in a conspiracy against him.
Applying the Bharwani test, the Board found that the accused's delusions prevented him from having a reality-based understanding of the proceedings, rendering him unfit to stand trial.
The Board ordered a Detention Order at Waypoint Centre for Mental Health Care, finding it to be the least restrictive and most appropriate disposition given the accused's need for treatment and anticipated resistance to medication.