The accused was found unfit to stand trial and the hearing judge issued a treatment order under s. 672.58 of the Criminal Code, directing that he be taken forthwith to a designated hospital.
The hospital appealed, arguing that it had not consented to the order as required by s. 672.62 because no bed was immediately available.
The Court of Appeal allowed the appeal, finding that the hospital's consent is a mandatory precondition that includes having the capacity to safely admit the patient.
The Court also held that the consent requirement does not violate s. 7 of the Charter, as it accords with the principles of fundamental justice by ensuring treatment orders are executed safely and balancing the needs of the accused with broader societal and medical realities.
