RT Journal Article
SR Electronic
T1 A Review of the Interpretation of the Canadian Test for Fitness to Stand Trial
JF Journal of the American Academy of Psychiatry and the Law Online
JO J Am Acad Psychiatry Law
FD American Academy of Psychiatry and the Law
SP JAAPL.240081-24
DO 10.29158/JAAPL.240081-24
A1 Eid, Laeticia
A1 Ali, Amina
A1 Senko, Leisha
A1 Glancy, Graham
YR 2024
UL http://jaapl.org/content/early/2024/11/18/JAAPL.240081-24.abstract
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.