F. Bernhardt

The accused was found unfit to stand trial due to an untreated psychotic illness.

The Crown applied for a treatment order under s. 672.58 of the Criminal Code.

The defence argued that committal to the Ontario Review Board was the least onerous and least restrictive option.

The court accepted expert evidence that the accused lacked insight and would not cooperate with the civil treatment regime, which could result in prolonged delays.

The court concluded that a treatment order was the most timely and effective means of restoring the accused to a fit state and granted the application.

The accused was charged with three counts of fraud over $5,000 and one count of possession of property obtained by fraud.

The Crown alleged that between January 2012 and September 2013, the accused orchestrated a sophisticated fraud scheme involving the deposit of worthless cheques into credit card accounts to artificially inflate credit limits, followed by coordinated purchases of high-end merchandise from Home Depot stores across the Greater Toronto Area.

The accused, self-represented with assistance of amicus curiae, claimed he had permission from cardholders to use their cards and that he was merely a middleman facilitating transactions for gamblers and others who needed quick cash.

The trial judge found the Crown had proven all essential elements of the offences beyond a reasonable doubt and rejected the accused's explanations as inherently unconvincing and lacking logic.

The court also dismissed a section 11(b) Charter application regarding delay in trial, finding exceptional circumstances justified the time taken.