Leave Denied - Quenneville & Stirling

Today the Supreme Court of Canada denied leave two cases that were heard together at the Court of Appeal for Ontario which dismissed the appeal. The cases raised important questions about the rights of people advancing on consent a defence of not criminally responsible where they admit a portion of the offence. Here is how the case was summarized by the court:

Charter of Rights and Freedoms – Criminal Law – Fundamental Justice – Right to equality – Discrimination based on mental or physical disability – Whether s. 7 of the Charter mandates an inquiry as to voluntariness and awareness of consequences of those accused who seek a verdict of not criminally responsible on account of mental disorder – Whether a failure of the Criminal Code to mandate an inquiry of those accused seeking a verdict of not criminally responsible on account of mental disorder, akin to that provided for by s. 606 (1.1) in relation to guilty pleas, violates s. 15(1) of the Charter – Whether the Court of Appeal failed to recognize a principle of fundamental justice that criminally responsible individuals should not be found not criminally responsible on account of mental disorder.

In separate trial proceedings, findings of not criminally responsible on account of mental disorder were entered against each applicant. Each applicant appealed from the findings.

As is always the case, no reasons were provided. Hopefully more on this case when I have a chance.