The applicant, an intellectually disabled man found permanently unfit to stand trial, applied for certiorari to quash a lower court order denying a stay of proceedings under s. 672.851 of the Criminal Code.
The lower court had departed from the Ontario Review Board's recommendation and expert evidence, finding the applicant posed a significant threat to public safety.
The Superior Court dismissed the application, holding that in criminal matters, certiorari is only available for jurisdictional errors, not errors of law on the face of the record, and the lower court's assessment of the evidence and risk did not constitute a reviewable error.
