J.G., a young person with significant cognitive disabilities, sought an extension of time to appeal a 2005 finding of not criminally responsible on account of mental disorder (NCR).
The court granted the application, finding that J.G. had a bona fide intention to appeal, a reasonable explanation for the 13-year delay (lack of understanding of NCR consequences and appeal rights due to cognitive limitations), and a meritorious proposed appeal (the NCR verdict was potentially unreasonable given the evidence of impulse control issues rather than an inability to appreciate the physical consequences of his actions).
The court emphasized that the interests of justice strongly favoured granting the extension due to the profound and indefinite deprivation of liberty resulting from the NCR finding for relatively minor offences.
