The Crown brought a prima facie application under section 672.33 of the Criminal Code to determine whether sufficient evidence existed to put the respondent on trial for assault causing bodily harm.
The respondent had been found unfit to stand trial in 2010 and remained under the jurisdiction of the Ontario Review Board.
The court addressed two issues: (1) whether the application was brought within the required two-year timeframe and whether an extension was warranted under section 672.33(1.1), and (2) whether the Crown's evidentiary material was adequate.
The court found that while the application was brought approximately seven weeks beyond the two-year anniversary date, an extension was necessary for the proper administration of justice given the circumstances.
The court also found the Crown's affidavit evidence sufficient to establish a prima facie case.
