The accused, Rodney Nichols, charged with murder, sought a further extension of his fitness assessment beyond the statutory 60-day limit under the Criminal Code.
The defence argued for a liberal interpretation of the provisions to ensure a full answer and defence, citing the complexity of the psychiatric issues and the need for specialized testing.
The Crown did not oppose the request.
The court, adopting the reasoning from R. v. Reimer, held that it had jurisdiction to grant a new assessment order even after the 60-day period, interpreting the statutory time limits as directory rather than mandatory to prevent injustice and achieve the objectives of the mental disorder scheme.
The court granted a new 30-day fitness assessment order.
