R. v. M.

R. v. M.

Part XX.1 of the Criminal Code, read purposively and in light of international obligations under the CRPD, requires that when an accused is detained for a mental‑disorder assessment the place of custody must be a 'hospital' as defined in s.672.1(1); a dual‑status or dual‑remand order permitting alternating detention in a provincial correctional facility is not authorized by the statutory scheme and is therefore not permitted.

Citation
2019 NSPC 30
Parties
Prosecution: Her Majesty the Queen; Defendant: RJM
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 April 2019
Procedural Posture
Criminal Assessment Order Under Part Xx.1 (mental Disorder) / Application for In‑custody Assessment Order (hearing on Detention Location)
Outcome
Assessment order granted; accused ordered detained in hospital only for the assessment; dual‑status/dual‑remand order denied.
Legal Topics
Assessment Orders, In‑custody Assessment, Place of Custody (hospital V Correctional Facility), Dual‑status/dual‑remand, Interpretation of Part Xx.1 of the Criminal Code, Application of CRPD to Domestic Statute Interpretation
Source Language
English
Criminal Law Mental Health/forensic Psychiatry Statutory Interpretation International Human Rights Assessment Orders In‑custody Assessment Place of Custody (hospital V Correctional Facility) Dual‑status/dual‑remand +2 more

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Parties

Her Majesty the Queen

Prosecution

RJM

Defendant

Procedural Posture

Criminal Assessment Order Under Part Xx.1 (mental Disorder) / Application for In‑custody Assessment Order (hearing on Detention Location)

Legal Issues

  1. 1 Whether the court may order a dual‑status/dual‑remand assessment allowing detention alternately in hospital or a provincial correctional facility
  2. 2 Whether Part XX.1 authorizes detention for assessment in a provincial correctional institution as the norm
  3. 3 Proper statutory interpretation of 'hospital' in s.672.1(1) and the presumption against custody in s.672.16

Ratio Decidendi

Part XX.1 of the Criminal Code, read purposively and in light of international obligations under the CRPD, requires that when an accused is detained for a mental‑disorder assessment the place of custody must be a 'hospital' as defined in s.672.1(1); a dual‑status or dual‑remand order permitting alternating detention in a provincial correctional facility is not authorized by the statutory scheme and is therefore not permitted.

Court Disposition

Assessment order granted; accused ordered detained in hospital only for the assessment; dual‑status/dual‑remand order denied.

Orders

  • Assessment order requiring RJM to be detained in a hospital as defined in s.672.1(1) for the purposes of assessment under Part XX.1 of the Criminal Code.
  • Order that the option for a provincial correctional institution/remand facility not be checked or authorized (no dual‑status/dual‑remand).