R.M.P. was found guilty of two counts of sexual assault.
During the sentencing phase, specifically concerning a Crown application under s. 752.1 of the Criminal Code for a dangerous or long-term offender assessment, defence counsel raised concerns about R.M.P.'s fitness to continue participating.
A fitness hearing was held, considering psychiatric reports and testimony.
The court applied the "limited cognitive capacity" test, which requires a rudimentary understanding of the judicial process, its consequences, and the ability to communicate with counsel.
Despite R.M.P. suffering from schizophrenia and exhibiting delusions, the court found that he met the fitness criteria, being able to follow proceedings, understand roles, and be redirected.
The defence failed to establish unfitness on a balance of probabilities, and their request for a finding of unfitness and a treatment order was dismissed.
