The accused, Gregory Potter, was found guilty of Criminal Harassment.
Prior to conviction, the Crown requested an assessment of Mr. Potter's mental condition at the time of the offence, pursuant to s.672.11(b) of the Criminal Code, to determine if he was not criminally responsible (NCR) due to mental disorder.
The defence opposed, arguing Mr. Potter's mental status was not put into evidence and no medical reports were before the court.
The court found that there were reasonable grounds, based on Mr. Potter's delusional statements and behaviour during the trial and in his communications, to believe he may have been suffering from a mental disorder affecting his criminal responsibility.
The Crown's application for an NCR assessment was granted.