R. v. MacPherson (M.A.), (1998) 168 N.S.R.(2d) 323 (ProvCt)

• Judge: Ross, P.C.J.
• Court: Provincial Court of Nova Scotia (Canada)
• Case Date: May 12, 1998
• Jurisdiction: Nova Scotia
• Citations: (1998), 168 N.S.R.(2d) 323 (ProvCt)

R. v. MacPherson (M.A.) (1998), 168 N.S.R.(2d) 323 (ProvCt);

    505 A.P.R. 323

MLB headnote and full text

Temp. Cite: [1998] N.S.R.(2d) TBEd. JN.006

Her Majesty the Queen and Martin Alexander MacPherson

(Case Nos. 784696; 784697; 7855320)

Indexed As: R. v. MacPherson (M.A.)

Nova Scotia Provincial Court

Ross, P.C.J.

May 14, 1998.

Summary:

The accused was remanded in February and again in April 1998 for an assess­ment of his fitness to stand trial. Two differ­ent doc­tors reported that the accused was fit to stand trial. The court, on its own motion, ordered a fitness hearing.

The Nova Scotia Provincial Court held that the accused was not fit to stand trial.

Courts - Topic 560

Judges - Powers - Authority to act ex mero motu (on own motion) - [See Crim­inal Law - Topic 92.3 ].

Criminal Law - Topic 92.3

General principles - Mental disorder - General - Preliminary trial of issue of fitness - The accused was remanded in February and again in April 1998 for an assessment of his fitness to stand trial - Two different doctors reported that he was fit to stand trial - The court, on its own motion ordered a fitness hearing - The Nova Scotia Provincial Court held that it was not precluded by the Criminal Code's definition of "unfit to stand trial", or the case law, from considering points other than those specifically enunciated in the definition - The court also considered the accused's ability to enunciate his version or recollection of events at trial and to main­tain a courtroom demeanour and held that the accused was not fit to stand trial.

Cases Noticed:

R. v. Steele (1991), 36 Q.A.C. 47; 63 C.C.C.(3d) 149 (C.A.), refd to. [para. 13].

R. v. Scardino (1991), 46 O.A.C. 209; 6 C.R.(4th) 146 (C.A.), refd to. [para. 14].

R. v. Taylor (D.R.M.) (1992), 59 O.A.C. 43; 77 C.C.C.(3d) 551 (C.A.), refd to. [para. 14].

R. v. Whittle (D.J.) (1994), 170 N.R. 16; 73 O.A.C. 201; 92 C.C.C.(3d) 11 (S.C.C.), refd to. [para. 16].

Counsel:

Kathryn Pentz, for the Crown;

Ann Marie MacInnis, for the accused.

This hearing was heard in Sydney, Nova Scotia, on May 12, 1998, by Ross, P.C.J., of the Nova Scotia Provincial Court, who delivered the following oral decision on May 14, 1998.