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The court granted the Crown's application for an NCR assessment, finding reasonable grounds to doubt the defendant's criminal responsibility due to his schizoaffective disorder.
Following the defendant's conviction for assaulting two women, the Crown applied for an order for an assessment of the defendant's mental condition to determine whether he was suffering from a mental disorder at the time of the offence so as to be exempt from criminal responsibility under section 16(1) of the Criminal Code.
The defendant opposed the application.
The court found that the Crown satisfied the requirements under section 672.12(3)(b) of the Criminal Code by establishing reasonable grounds to doubt the defendant's criminal responsibility on account of mental disorder.
The defendant had a history of schizoaffective disorder, had ceased taking his prescribed medication, and was experiencing active delusions and hallucinations at the time of the offences.
The court ordered a 30-day assessment.
Mandatory victim surcharges are declared unconstitutional as cruel and unusual punishment for impoverished offenders.
The applicant challenged the constitutionality of the mandatory victim surcharge (SAC) imposed under section 737 of the Criminal Code, arguing it violated his rights under sections 7, 12, and 15 of the Canadian Charter of Rights and Freedoms.
The court found that the SAC constitutes a punishment rather than an ancillary order.
Applying the test for cruel and unusual punishment under section 12, the court determined that imposing a $700 surcharge on an impoverished, mentally ill, and substance-dependent offender with a monthly income of approximately $136 would be grossly disproportionate and incompatible with human dignity.
The court declared section 737(1) of the Criminal Code to be of no force or effect under section 52 of the Charter.
