The Crown brought an application under section 672.11(b) of the Criminal Code seeking an order for a mental assessment to determine whether the accused was suffering from a mental disorder at the time of the alleged offences that would render him exempt from criminal responsibility under section 16(1).
The accused faced charges including break and enter, fail to comply with probation orders, resist peace officer, theft, and mischief.
The defence opposed the application.
The court dismissed the Crown's application, finding insufficient reasonable grounds to believe the accused suffered from a mental disorder or that he did not know his actions were wrong at the time of the offences.