Megan Scott

The court found Ryan Richard Cunneen not criminally responsible (NCR) for the offences of unlawful act manslaughter and mischief, following a psychiatric assessment and hearing.

The decision reviews the legal and medical standards for NCR under section 16 of the Criminal Code, the evidence of Mr. Cunneen’s longstanding schizoaffective disorder, and the expert opinion that his psychosis rendered him incapable of appreciating the wrongfulness of his actions.

The court accepted the parties’ consent to the NCR verdict after confirming Mr. Cunneen’s informed and voluntary agreement.

The accused was charged with manslaughter after he ran at full speed up a sidewalk and forcefully pushed an 89-year-old pedestrian from behind, causing her to fall and suffer fatal neck injuries.

The accused claimed the contact was accidental and a reflex to the victim suddenly veering into his path.

The court rejected the accused's evidence, finding it inconsistent with video surveillance and his subsequent actions of fleeing the scene without hesitation.

The court concluded the push was a deliberate act of assault, satisfying the elements of unlawful act manslaughter.

The Crown sought estreatment and forfeiture of a $30,000 recognizance after the accused breached a house arrest condition by leaving his residence without a surety.

The accused had been released on bail with two sureties and strict conditions addressing substance abuse risks.

One surety temporarily delegated supervisory responsibilities to the other while leaving on vacation, without seeking a formal bail variation.

The court held that sureties cannot unilaterally delegate or restructure bail supervision and must seek formal variation where circumstances change.

Partial forfeiture was ordered against the accused and both sureties, balancing the importance of maintaining the “pull of bail” with the relatively limited harm caused by the brief breach.