R. v. Race (G.D.), 2014 NSSC 6

• Judge: Coady, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 24, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSSC 6;(2014), 339 N.S.R.(2d) 351 (SC)

R. v. Race (G.D.) (2014), 339 N.S.R.(2d) 351 (SC);

    1073 A.P.R. 351

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JA.046

Her Majesty the Queen v. Glen Douglas Race

(C.R. No. 388485; 2014 NSSC 6)

Indexed As: R. v. Race (G.D.)

Nova Scotia Supreme Court

Coady, J.

January 24, 2014.

Summary:

The accused pled guilty to one count of second degree murder and one count of first degree murder. He applied pursuant to s. 16 of the Criminal Code to be found not criminally responsible respecting both homicides.

The Nova Scotia Supreme Court granted the application.

Criminal Law - Topic 97

General principles - Mental disorder - Insanity, automatism, etc. - What constitutes "insanity" (incl. "not criminally responsible due to mental disorder") - After a normal and healthy upbringing, Race's mental health began to deteriorate in 2001 when he was 19 years old - He began to experience paranoid and grandiose delusions, religious preoccupation, perceptual abnormalities, disorganization of thought and behaviour, and significant psychosocial decline - Race was diagnosed with schizophrenia and was admitted to hospital several times - However, he was resistant to treatment and had no insight into the need for medication or the nature of his illness - In May 2007, Race had a chance encounter with Knott - Race attacked Knott with a knife in Knott's vehicle, disposed of the body in a remote location, and took steps to conceal the identity of the vehicle - Later that week, Race encountered Brewster - He attacked Brewster with a knife, disposed of the body under a wharf, then drove Brewster's vehicle to a remote location near the United States border - He took steps to conceal the identity of the vehicle before abandoning it and illegally crossing the border - Race shot and killed a third person in the U.S., then stole the victim's truck and drove to the Mexican border where he was arrested - After being extradited to Canada, Race pled guilty to the second degree murder of Knott and the first degree murder of Brewster - He applied to be found not criminally responsible (NCR) - The Nova Scotia Supreme Court granted the application - Both Crown and defence psychiatrists agreed that Race qualified for an NCR defence - There was ample evidence that Race was suffering from a mental disorder when he killed Knott and Brewster - He believed that he was God and was on a mission to eradicate all demons and vampires - While Race appreciated the nature and quality of his actions when he killed the victims, he did not understand that his actions were morally wrong - He believed that his actions, including his attempts to cover them up, were necessary to achieve his mission.

Cases Noticed:

R. v. Bouchard-Lebrun (T.), [2011] 3 S.C.R. 575; 423 N.R. 48; 2011 SCC 58, refd to. [para. 21].

R. v. Cooper, [1980] 1 S.C.R. 1149; 31 N.R. 234, refd to. [para. 23].

R. v. Ratti, [1991] 1 S.C.R. 68; 120 N.R. 91; 44 O.A.C. 161, refd to. [para. 25].

R. v. Farr, [2012] N.J. No. 201, refd to. [para. 25].

R. v. Palma, [2001] O.J. No. 3283 (Sup. Ct.), refd to. [para. 26].

R. v. Chaulk and Morrissette, [1990] 3 S.C.R. 1303; 119 N.R. 161; 69 Man.R.(2d) 161, refd to. [para. 27].

R. v. Oommen (M.), [1994] 2 S.C.R. 507; 168 N.R. 200; 155 A.R. 190; 73 W.A.C. 190, refd to. [para. 28].

R. v. Molodowic (A.J.), [2000] 1 S.C.R. 420; 252 N.R. 250; 145 Man.R.(2d) 201; 218 W.A.C. 201, refd to. [para. 30].

Counsel:

Mark Heerema and Paul Carver, for the Crown;

Joel E. Pink, Q.C., for the defendant.

This application was heard in Halifax, N.S., on November 4-8, 2013, before Coady, J., of the Nova Scotia Supreme Court, who delivered the following judgment on January 24, 2014.