Cornelia P Mazgarean

The accused, Azary Matanov, charged with sexual assault, brought a two-stage application under sections 278.93(1) and 278.94 of the Criminal Code to determine the admissibility of certain evidence (text messages, a selfie, a phone call, and a kiss) at trial.

The evidence was sought to provide context to the relationship with the complainant and to challenge her credibility.

The court granted the Stage One application, finding the evidence capable of being admissible, and subsequently granted the Stage Two application, finding the evidence admissible.

The court emphasized that in a judge-alone trial, the risk of improper use of evidence is diminished, and the probative value of the evidence for context and credibility outweighed any potential prejudicial effect, without engaging "twin myth" reasoning.

The Appellant appealed a decision of the Consent and Capacity Board which found him incapable of consenting or refusing to consent to antipsychotic medication.

The central issue was the second branch of the capacity test under the Health Care Consent Act, specifically whether the Appellant could "appreciate the reasonably foreseeable consequences" of his decision, given his delusional beliefs about environmental afflictions and the effects of medication.

The court dismissed the appeal, affirming that capacity requires an objectively reasonable appreciation of risks and benefits, not one rooted in delusions, even for an intellectually capable individual.