The Crown applied for an assessment of the defendant's fitness to stand trial pursuant to section 672.11(a) of the Criminal Code.
The defendant, a 26-year-old deaf and non-speaking individual from Nigeria who communicates only through family sign language and is illiterate, was charged with sexual assault and sexual interference.
The defence opposed the application, arguing that deafness is not a mental disorder and that the defendant possessed rudimentary understanding of fitness concepts.
The court found reasonable grounds to doubt the defendant's fitness based on expert evidence establishing mental retardation as a mental disorder, despite the defendant's basic understanding of rules and punishment.
The court granted the Crown's application for a fitness assessment, distinguishing its conclusion from a prior ruling by Justice Schneider based on the different evidence presented.
