Ontario Court of Justice

Date: 2019-11-15 Court File No.: NEWMARKET 19-05648

Between: Her Majesty the Queen — and — Emilio Gonzalez Ramirez

Endorsement Regarding Fitness to Stand Trial

Evidence Heard: November 13 and 15, 2019 Decision: November 15, 2019

Counsel:

• Ms. Amy Barkin, counsel for the Crown
• Ms. Danielle Cunningham, counsel for the defendant

KENKEL J.:

[1] Mr. Gonzalez Ramirez is charged with Aggravated Sexual Assault, Point Firearm and further offences arising out of an incident in June of 2019. He's been assessed for fitness twice. He was found fit to stand trial on July 18th and again on September 27th. Having been found fit in July he instructed his counsel to request an assessment of his criminal responsibility (NCR). That assessment was completed by September 27th.

[2] Following his fitness and NCR assessments Mr. Gonzalez Ramirez was returned to the Central East Correctional Centre (CECC). The defence brought this application to determine whether it was necessary to issue a "keep fit" order under s 672.29.

[3] Mr. Gonzales Ramirez remains fit. There is no evidence to displace the 672.22 presumption.

[4] Dr. Morgan was the psychiatrist at Ontario Shores who assessed the accused. He testified that the treatment Mr. Gonzalez Ramirez requires should be available at the correctional centre with one exception. If the accused were to refuse injectable medication the correctional centre would likely not act on the existing civil substitute consent order. To maintain fitness the accused would have to be transferred back to hospital for that injection. The records showed the accused was taking injectable medication prior to his arrest and he continued that medication while at Ontario Shores Mental Health Centre.

[5] Ms. Thurston is a mental health nurse at the Central East Correctional Centre. She provides direct care to Mr. Gonzales Ramirez. She testified that he is offered Lorazepam daily every evening and from October 4th to November 15th he's taken it about half the time. He takes that medication as needed. Records show he was compliant with injectable medication at Ontario Shores and he's been compliant with that medication at the Central East Correctional Centre. His last injectable dose was yesterday, November 14, 2019. When the accused arrived at the CECC he spoke with the staff and advised him of his last medication and when he would require his next dose.

[6] Mr. Gonzales Ramirez is housed on a segregated medical range. That unit is staffed with mental health nurses, general nurses and a registered nurse. Medical doctors and psychiatrists also attend regularly.

[7] Having heard the evidence from both facilities, I find that there is no need for a s 672.29 order at this time. The accused's medical needs are being well met at the CECC and he's remained fit and able to instruct his counsel throughout his time there.

[8] Target dates need to be set for a preliminary hearing or trial. Defence counsel was unable to remain today to arrange dates, so the matter will be adjourned to November 19, 2019 to be traversed before me so that we can ensure that dates are set aside for this matter as quickly as possible.

Delivered: November 15, 2019

Justice Joseph F. Kenkel