The appellant challenged the constitutionality of Criminal Code provisions governing accused persons found unfit to stand trial, arguing that permanently unfit accused who do not pose a significant threat to public safety were kept indefinitely within the criminal process.
The majority held that the provisions fell within Parliament’s criminal law and criminal procedure jurisdiction, but that they infringed s. 7 of the Charter because they were overbroad as applied to permanently unfit accused who could never be tried and who were not dangerous.
The Court held the regime could not be justified under s. 1 because it failed minimal impairment.
A declaration of invalidity was granted and suspended for 12 months to permit legislative amendment.
