Kim Hyslop

The accused was charged with attempted murder after stabbing a neighbour with a kitchen knife.

The defence raised the mental disorder exemption under s. 16 of the Criminal Code, arguing the accused lacked the capacity to know his actions were wrong due to schizoaffective disorder and active psychosis.

Expert psychiatric evidence established that the accused suffered from chronic mental illness involving hallucinations and delusions, was non‑compliant with medication prior to the offence, and likely experienced auditory hallucinations at the time of the attack.

Applying the analytical framework for NCR determinations, the court accepted that the mental disorder rendered the accused incapable of rationally appreciating the moral wrongfulness of the act.

The court therefore found the accused not criminally responsible on account of mental disorder and referred the matter to the Ontario Review Board for disposition.

The accused brought pre‑trial motions seeking severance of a count alleging sexual assault against a spouse from other counts involving alleged assaults against children, an order under s. 276 of the Criminal Code permitting questioning about the complainant’s prior sexual history with the accused, and production of Children’s Aid Society records.

The court held that severance was not warranted because any risk of reasoning prejudice could be addressed through proper jury instructions and the counts were connected by the family context and overlapping time periods.

The court granted the s. 276 application in part, permitting limited questioning about the general sexual relationship and certain activities relevant to the accused’s defence of consent or honest but mistaken belief in consent, while excluding evidence that would invite prohibited sexual history inferences.

Redacted CAS records were reviewed and ordered disclosed to both parties as they were relevant and privacy concerns had been addressed.