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Accused found fit to stand trial; Board lacks authority to amend disposition upon finding fitness.
The accused, previously found unfit to stand trial on charges including aggravated assault and break and enter, appeared before the Ontario Review Board for a mandatory hearing.
The hospital and Crown argued he remained unfit, supported by his treating psychiatrist who expressed concerns about his ability to communicate with counsel and apply fitness concepts.
The accused testified and demonstrated an understanding of the justice participants, the trial process, and potential outcomes.
The Board found the accused fit to stand trial, concluding his answers were not merely memorized and he possessed a reality-based understanding of the proceedings.
The Board ordered him returned to court, noting it lacked authority to amend his pre-existing disposition.
No co-appearing lawyers found.
No judges found.