Dr. Maryana Kravtsenyuk

The accused was found unfit to stand trial due to an untreated psychotic illness.

The Crown applied for a treatment order under s. 672.58 of the Criminal Code.

The defence argued that committal to the Ontario Review Board was the least onerous and least restrictive option.

The court accepted expert evidence that the accused lacked insight and would not cooperate with the civil treatment regime, which could result in prolonged delays.

The court concluded that a treatment order was the most timely and effective means of restoring the accused to a fit state and granted the application.

The defendant was tried for the second-degree murder of his parents and the attempted murder of his brother.

In a bifurcated trial, the court previously found the actus reus proven.

Following a psychiatric assessment, the defence abandoned a claim of not criminally responsible.

The court found the Crown proved the requisite mens rea for all charges beyond a reasonable doubt.

The nature, number, and location of the stab wounds inflicted on the parents demonstrated an intent to cause bodily harm likely to cause death, while the planned ambush of the brother demonstrated a specific intent to kill.