The Court of Appeal for Ontario allowed Ernest Clayton’s appeal from a Review Board disposition finding him unfit and “permanently unfit” to stand trial.
The court held that the Board failed to apply the fitness test contextually, as required by law, and did not consider relevant evidence about the simplicity of the charges and Clayton’s ability to understand and respond to them.
The Board’s finding of permanent unfitness was also unsupported by sufficient reasons.
The matter was remitted to a differently constituted Board for a new determination of fitness.
