During the third day of a criminal trial on assault and threatening charges, defence counsel sought an assessment order under s. 672.11 of the Criminal Code on the basis that the accused might be unfit to stand trial.
The court applied the limited cognitive ability framework governing fitness and held that disagreement, mistrust, or frustration with counsel does not amount to an inability to communicate with counsel within the meaning of the Code.
The accused demonstrated that he understood the nature of the proceedings, their possible consequences, and could communicate the relevant facts.
The application for a psychiatric assessment was dismissed.
