SASKATCHEWAN
Provincial Court

R. v. D.B. [2004] S.J. No. 185

FACTS: 17 year old DB was found unfit to stand trial (UST) because of his challenges involving FASD. The determination that he was UST left only 2 options under the Criminal Code. DB could be detained in a hospital or released into the community with conditions. DB could not receive an absolute discharge. There were also no remedies that would release him from the mental health system. Therefore, it was argued that s. 672.54 of the Code infringed on DB's s.7 and s. 15 Charter rights. The Crown argued that DB's rights were not infringed upon.

HELD: The judge granted DB an absolute discharge. A UST determination infringed on DB's Charter rights because remedies under the Criminal Code were not appropriate to his needs as a person with FASD. An absolute discharge remedy was read into the Criminal Code. DB's home life, community, and family could provide an advantageous environment for his needs. If this approach proved ineffective, the mental health system would resume responsibility. A mental health approach offered more support for DB than the criminal law. There is extensive discussion of FASD.