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Accused with intellectual disability found permanently unfit to stand trial; detention order continued.
The Ontario Review Board held a mandatory hearing to review the accused's fitness to stand trial and his current disposition.
The accused, who has Autism Spectrum Disorder and an Intellectual Disability, was previously found unfit to stand trial on charges of robbery and assault with a weapon.
Relying on psychiatric evidence, the Board found that the accused remains unfit to stand trial as he lacks a reality-based understanding of the legal proceedings.
The Board ordered the continuation of the existing Detention Order as the least onerous and least restrictive disposition, noting the need for intensive supports during his upcoming transition to specialized community housing.
The court accepted a joint submission terminating the offender's conditional sentence and imposing a three-year consecutive jail term for deceiving support workers with false pregnancy claims.
This decision addresses the sentencing of Kaitlyn Braun, who committed multiple offences involving deception of doulas by falsely claiming pregnancy and sexual assault, resulting in emotional and financial harm to victims.
After an initial conditional sentence order (CSO) was breached by new offences, the court considered a joint submission to terminate the CSO and impose a consecutive global three-year jail sentence.
The court carefully applied the public interest test for joint submissions, balancing the offender’s diagnosed mental health issues, the gravity and nature of the offences, and the impact on victims.
The decision highlights the court’s discretion in handling breaches of CSOs and the importance of structured treatment programs like Dialectical Behaviour Therapy (DBT) in sentencing.
