PT  - JOURNAL ARTICLE
AU  - Eid, Laeticia
AU  - Ali, Amina
AU  - Senko, Leisha
AU  - Glancy, Graham
TI  - A Review of the Interpretation of the Canadian Test for Fitness to Stand Trial
AID  - 10.29158/JAAPL.240081-24
DP  - 2024 Nov 18
TA  - Journal of the American Academy of Psychiatry and the Law Online
PG  - JAAPL.240081-24
4099  - http://jaapl.org/content/early/2024/11/18/JAAPL.240081-24.short
4100  - http://jaapl.org/content/early/2024/11/18/JAAPL.240081-24.full
AB  - In 1991, Canada introduced Bill C-30 to amend the Criminal Code (mental disorder). Bill C-30 codified accumulated law specifying the criteria for fitness to stand trial. This test was clarified in a landmark case, R v. Taylor, which appeared to accept the limited cognitive capacity test. This explanation has guided the assessment of fitness to stand trial in courts across Canada for three decades. It was recently tested in an Ontario Court of Appeal case, R v. Bharwani, which ruled that the common interpretation of Taylor was insufficient. The court ruled there is one test for fitness, which is contextual and nuanced, and this test is spelled out in the Criminal Code. This will likely change the test and manner for assessing fitness to stand trial in Canada from how it has evolved over the last three decades.