The Ontario Review Board held an initial hearing to determine whether the accused, who suffered a stroke resulting in expressive aphasia, remained unfit to stand trial on charges of sexual assault and sexual interference.
The Board applied the recent Supreme Court of Canada decision in R. v. Bharwani to assess the accused's capacity to conduct a defence and instruct counsel.
Given the accused's inability to speak or write in English or Punjabi, and his functional illiteracy, the Board found he lacked the capacity to intelligibly communicate with counsel or the court regarding complex or nuanced decisions.
The Board concluded the accused remains unfit to stand trial and ordered his detention at the hospital with privileges to reside in approved community accommodation, subject to conditions including restricted contact with minors.
