BRITISH COLUMBIA
Superior Court

R. v. Gray [2002] B.C.J. No. 1989

FACTS: Application for certiorari to set aside an order for assessment. Judge Trueman of the provincial court ordered an assessment for a developmental disorder FAS. The assessment was to determine whether Gray was fit to stand trial or if he could be held criminally responsible. Possible institutions were identified for where the assessment would take place. Judge Trueman also ordered that the Crown should fund the assessment.

HELD: The judge did have jurisdiction to order an assessment for a specific disorder and determination for fitness to stand trial, and where this assessment would take place. However, the judge did not have jurisdiction to order that the Crown fund the assessment. All other funding possibilities must be exhausted. Even then, state funding cannot be issued in the absence of a Charter infringement.