BRITISH COLUMBIA
Superior Court

R. v. Creighton [2002] B.C.J. No. 1988; 2002 BCSC 1190
http://www.canlii.org/bc/cas/bcsc/2002/2002bcsc1190.html

FACTS: This was an application for an order of certiorari to set aside an order for assessment. The judge had ordered that Creighton be assessed for mental disabilities. Creighton had many previous convictions and pleaded guilty to breaking and entering. A pre-sentence report was submitted, and Creighton's counsel did not raise the issue of FAS, ARND, or any cognitive disability. The judge ordered an assessment for Creighton. She also ordered evidence regarding Creighton's birth mother, her relationship with alcohol, and her prenatal history.

HELD: Application allowed. The order was set aside. It did not comply with s. 672.13 of the Criminal Code as it did not stipulate where the assessment was to occur. Judge Trueman had ordered that an experienced medical doctor in the area of FAS/ARND complete the assessment. The doctor should be agreed upon by both counsel and under the existing health care system. The statute also required that the court make an order on custody in the interim. These mandatory requirements were not met; therefore there was no jurisdictional basis for the order.