R. v. Conception (B.) 2012 ONCA 342
Civil Rights - Liberty - Limitations on - Committal of or disposition re accused with mental disorder
An accused was found unfit to stand trial. The presiding judge made a treatment order under s. 672.58 of the Criminal Code, requiring the accused to submit to anti-psychotic drug therapy. On being informed that no mental health treatment facility beds were immediately available, the judge stipulated in the order that the accused was to “be taken directly from Court to the designated hospital…. Accused is not to be taken to a jail or correctional facility under any circumstances pursuant to this order.” Two mental health treatment facilities appealed, seeking to set aside the order.
The Ontario Court of Appeal allowed the appeal.