BRITISH COLUMBIA
Superior Court

R. v. J.I. [2000] B.C.J. No. 199; 2000 BCSC 175

FACTS: Application by JI for a stay of proceedings. JI was charged with sexual assault and was found unfit to stand trial. He was 17 years old and was diagnosed with FAS. His cognitive abilities were greatly diminished. After the Crown requested an inquiry of JI's mental capacity, the Judge ruled that in one year there would be a hearing regarding JI's mental status. However, as JI would then be an adult, the youth court had no jurisdiction to make such an order.

HELD: Application for a stay was dismissed. The youth court still had jurisdiction over the inquiry because it related to detention and not JI's trial process. There is a mandatory duty to hold the inquiry in unfit to stand trial cases especially to ensure public safety and treatment for JI.