During the sentencing hearing for two accused convicted of terrorism offences, amicus and the Crown sought a psychiatric assessment of one of the accused to determine his fitness.
The court held that there is no jurisdiction under the Criminal Code to order a fitness assessment after a verdict has been rendered.
However, the court found reasonable grounds to order a further psychiatric assessment under s. 21 of the Ontario Mental Health Act, noting flaws in a previous psychiatric report that had improperly modified the legal test for fitness.
