R. v. Amey

R. v. Amey

At the time of the November 2009 hearing before the judge, evidence established that Mr. Amey possessed a rudimentary but sufficient ability to relate trial testimony to past events, assess possible veracity of evidence, communicate with counsel and, with aids (notes, cues), participate in a trial; these capacities satisfied the Criminal Code/Taylor standard for fitness and justified departing from the earlier finding of unfitness because there was an evidentiary change bearing on the fitness issue.

Citation
2010 NSPC 100
Parties
Crown: Her Majesty the Queen; Accused: Bernard Allen Amey
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
15 January 2010
Procedural Posture
Criminal / Fitness Hearing (return From Review Board); Decision on Fitness to Stand Trial
Outcome
Accused Bernard Allen Amey found fit to stand trial.
Legal Topics
Fitness to Stand Trial, Unfitness, Review Board Referrals, Burden of Proof, Ability to Instruct Counsel
Source Language
English
Criminal Law Mental Health Law Forensic Psychiatry Fitness to Stand Trial Unfitness Review Board Referrals Burden of Proof Ability to Instruct Counsel

Case Brief

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Parties

Her Majesty the Queen

Crown

Bernard Allen Amey

Accused

Procedural Posture

Criminal / Fitness Hearing (return From Review Board); Decision on Fitness to Stand Trial

Legal Issues

  1. 1 Whether Bernard Amey has become fit to stand trial after an earlier finding of unfitness
  2. 2 Whether a second judge may depart from an earlier judicial finding absent changes in law or material facts
  3. 3 What party bears the burden of proof on fitness after an earlier finding of unfitness

Ratio Decidendi

At the time of the November 2009 hearing before the judge, evidence established that Mr. Amey possessed a rudimentary but sufficient ability to relate trial testimony to past events, assess possible veracity of evidence, communicate with counsel and, with aids (notes, cues), participate in a trial; these capacities satisfied the Criminal Code/Taylor standard for fitness and justified departing from the earlier finding of unfitness because there was an evidentiary change bearing on the fitness issue.

Court Disposition

Accused Bernard Allen Amey found fit to stand trial.

Orders

  • Bernard Allen Amey is declared fit to stand trial.
  • Matter to proceed to court for trial on the outstanding criminal charges.