Dr. Van Impe

The self-represented appellant appealed a verdict of not criminally responsible (NCR) for assault and mischief charges.

The Crown conceded that the appellant was not advised of his right to request a trial in French pursuant to s. 530(3) of the Criminal Code at his first appearance.

The Court of Appeal found that the appellant had expressed a choice for a French trial and never waived it in a free and informed manner.

The Crown failed to prove that the breach of language rights did not cause prejudice.

The appeal was allowed, the NCR verdict was quashed, and a new trial in French was ordered.

The Crown brought an application to have the offender designated a dangerous offender following his convictions for aggravated assault and uttering a death threat.

The offender had a lengthy history of violent offences, an antisocial personality structure, and a major mental illness.

The court found that the offender met the criteria for a dangerous offender designation, as his violent conduct was substantially intractable and he posed a high likelihood of harmful recidivism.

Concluding that the risk could not be adequately managed in the community with a determinate sentence and a long-term supervision order, the court imposed an indeterminate sentence.

The accused pleaded guilty to manslaughter after killing and decapitating his father while experiencing a cannabis-induced psychosis.

The court accepted a joint submission for a 5-year sentence, less pre-sentence custody credit, noting the horrific nature of the offence, the breach of trust, and the accused's lack of prior record, early guilty plea, and genuine remorse.

The accused killed the victim while suffering from a severe mental disorder.

The Crown and defence presented a joint submission, supported by two comprehensive forensic psychiatric reports, that the accused was incapable of assessing the moral wrongfulness of his actions due to psychosis and delusions.

The court accepted the joint submission, rendered a special verdict of not criminally responsible on account of mental disorder, and referred the disposition to the Ontario Review Board.