BRITISH COLUMBIA
Provincial Court

R. v. C.G.C [2002] B.C.J. No. 1151; 2002 BCPC 182

FACTS: CGC was convicted of breaking and entering and possession of stolen property. CGC, a 34-year-old Aboriginal male had 46 prior convictions, many of which were property related. CGC had a normal IQ but was unresponsive to treatment as a youth. The court requested information regarding CGC's birth mother. It was discovered that she may have engaged in prenatal alcohol use, which indicated that CGC may have ARND. This would affect his judgment.

HELD: An assessment was ordered under the authority of section 672.11. This section was broad enough that it could include assessment for non-psychiatric disorders. There was duty to assess under s. 15 of the Charter, especially if the disorder would affect an individual's criminal responsibility. To implement a just and fit sentence, it was essential to get a proper diagnosis of CGC in relation to ARND.