R. v. Smith, (1983) 31 Sask.R. 27 (ProvCt)

• Judge: Nutting, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: November 16, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 31 Sask.R. 27 (ProvCt)

R. v. Smith (1983), 31 Sask.R. 27 (ProvCt)

MLB headnote and full text

R. v. Smith

Indexed As: R. v. Smith

Saskatchewan Provincial Court

Nutting, P.C.J.

November 16, 1983.

Summary:

The accused was charged with sexual assault contrary to s. 246.1 of the Criminal Code of Canada. The accused desired to represent himself. During the course of the preliminary inquiry an issue arose respecting the fitness of the accused to conduct his defence. The presiding judge adjourned the inquiry and conducted a fitness hearing. The Crown argued that the accused was unfit to continue with the preliminary hearing. Counsel appointed for the accused objected.

The Saskatchewan Provincial Court held that the accused was fit to proceed with the preliminary inquiry and ordered that it continue.

Criminal Law - Topic 110

Insanity - Trial of - Preliminary issue respecting ability of accused to conduct preliminary inquiry - The accused, a schizophrenic with low intelligence, was charged with sexual assault - He desired to represent himself at his preliminary inquiry - The accused suffered from paranoid delusions, especially respecting the offence, which were not always constant - The Saskatchewan Provincial Court reviewed the considerations respecting the question of fitness at a preliminary inquiry - The court found the accused fit to proceed, where he was capable of understanding the charge, of pleading, of following court proceedings, and where a court-appointed defence counsel advised that he received sufficient instructions - See paragraphs 17 to 49.

Criminal Law - Topic 110

Insanity - Trial of - Preliminary issue respecting ability of accused to conduct preliminary inquiry - An issue arose respecting the fitness of an accused to represent himself at a preliminary inquiry - The Saskatchewan Provincial Court held that the onus of proving lack of fitness was on the one alleging it - See paragraph 7.

Cases Noticed:

R. v. Roberts (1976), 24 C.C.C.(2d) 539, consd. [para. 39].

R. v. Budic (1977), 12 A.R. 131; 35 C.C.C.(2d) 272, consd. [para. 39].

Authors and Works Noticed:

Lindsay, Paul S., Fitness to Stand Trial in Canada (1976-77), 19 Crim. L.Q. 303 [paras. 37, 41].

Counsel:

F.W. Dehm, for the Crown;

William J. Wardell, for the accused.

This matter was heard before Nutting, P.C.J., of the Saskatchewan Provincial Court, at Saskatoon, Saskatchewan, on November 16, 1983. The decision of Nutting, P.C.J., was delivered orally on November 16, 1983.