APPEAL WATCH: SCC to Opine on Fitness to Stand Trial Test
The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial. In its ruling in R...
The Court of Appeal for Ontario (“ONCA”) has re-emphasised that capacity for rational decision-making has no place in the test for fitness to stand trial. In its ruling in R...
In R v Wolfe, 2022 SKCA 132 [Wolfe], the Saskatchewan Court of Appeal (“SKCA”) affirmed that part VIII.1 of the Criminal Code, RSC 1985, c C-46 [Code] grants judges the...
The Court of Appeal for Ontario (the “ONCA”) has provided a sobering reminder about the importance of timely access to counsel. R v Whittaker, 2024 ONCA 182 [Whittaker] reinforces the...
For an overview of the judicial history of this case, please see the first installment of this contribution. In this second contribution, I focus on the two underlying legal questions...