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YUKON - Territorial Court: R. v. T.J., [1999] Y.J. No. 57 |
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YUKON
Territorial Court
R. v. T.J., [1999] Y.J. No. 57
Facts: Application for a stay of proceedings on the grounds that s. 672.54 of the Criminal Code violated the Charter. TJ was a 22 year old man who suffered from Fetal Alcohol Syndrome. TJ was charged with a relatively minor sexual assault. In 1993, TJ was found to be unfit to stand trial (UST). TJ had been subject to several conditions for over 6 years. An offender who is found not criminally responsible (NCR) would be eligible to be no longer bound by the conditions of their sentence.
HELD: Application allowed. TJ was granted a stay of proceedings. The Criminal Code treats people found NCR differently than those found UST, treating those found UST more harshly. This violates the Charter. A person found UST has not been found guilty and remains in the criminal justice system for an indeterminate period of time, even if they are proven no longer a danger to public safety. A person found to be UST due to mental disorder is also treated more severely compared to the general public, other people with mental disorders who have been charged with criminal offences, and others who have been found UST due to other reasons. They also have not received a timely trial. This violation is not justified; therefore a person found UST is subject to the same conditions as those who are found NCR.
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