R. v. McDonald

R. v. McDonald

The timelines in s.752.1 are directory not jurisdictional; the court has discretion to grant an extension of time to file an assessment report beyond the 30‑day extension in s.752.1(3) in appropriate circumstances where non‑compliance is non‑culpable and public safety and legislative purpose favor curing the defect; accordingly the Crown's extension application is granted and a contingent fresh s.752.1 remand order is authorized.

Citation
2014 BCSC 2131
Parties
Crown/prosecutor: Regina; Accused: Thomas Anthony McDonald
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 October 2014
Procedural Posture
Criminal Dangerous/long Term Offender Assessment/remand / Oral Ruling on Crown Application to Extend Time for Filing S.752.1 Assessment Report; Alternative Fresh Assessment Remand Application
Outcome
Crown application to extend time granted; contingent fresh s.752.1 assessment remand order made
Legal Topics
S.752.1 Criminal Code, Extension of Time, Remand for Forensic Assessment, Procedural Vs Substantive Timelines, Jurisdiction
Source Language
English
Criminal Law Sentencing Statutory Interpretation S.752.1 Criminal Code Extension of Time Remand for Forensic Assessment Procedural Vs Substantive Timelines Jurisdiction

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Parties

Regina

Crown/prosecutor

Thomas Anthony McDonald

Accused

Procedural Posture

Criminal Dangerous/long Term Offender Assessment/remand / Oral Ruling on Crown Application to Extend Time for Filing S.752.1 Assessment Report; Alternative Fresh Assessment Remand Application

Legal Issues

  1. 1 Whether the court has jurisdiction to extend the s.752.1 assessment report filing deadline beyond the 30-day extension in s.752.1(3)
  2. 2 Whether the court may order a fresh s.752.1 assessment remand when statutory timelines were not met
  3. 3 Whether the timelines in s.752.1 are mandatory (jurisdictional) or directory (curable)

Ratio Decidendi

The timelines in s.752.1 are directory not jurisdictional; the court has discretion to grant an extension of time to file an assessment report beyond the 30‑day extension in s.752.1(3) in appropriate circumstances where non‑compliance is non‑culpable and public safety and legislative purpose favor curing the defect; accordingly the Crown's extension application is granted and a contingent fresh s.752.1 remand order is authorized.

Court Disposition

Crown application to extend time granted; contingent fresh s.752.1 assessment remand order made

Orders

  • Extend filing deadline for s.752.1 assessment report by Dr. Anton Schweighofer to November 13, 2014
  • Make contingent fresh s.752.1 assessment remand order effective only if there is a jurisdictional defect in the extension order; contingent order to mirror extended filing deadline and not create a new 60‑day remand