The Crown sought an order for a dangerous offender/long-term offender assessment under section 752.1 of the Criminal Code.
The accused consented to the assessment but objected to the Crown's proposed expert, requesting instead that the court appoint a different expert.
The Crown argued it had the exclusive right to nominate the assessor.
The court rejected this position, holding that section 752.1 requires the court to designate the expert, not the Crown.
The court found that court appointment of the expert enhances the appearance of justice and diminishes the affront to the accused's right to silence.
The matter was adjourned to allow the parties to attempt to agree on an assessor or nominate additional candidates.
