Accused had been found guilty of second degree murder. Before the sentencing hearing, the accused was transferred from ERC to Alberta Hospital Edmonton [AHE] due to deterioration in his mental health. After 2 months at AHE, doctors assessed the accused as fit to stand trial. Alberta Health Services sought the accused’s return to ERC; Crown and the accused opposed his return to remand.
Held: Continued detention at Alberta Hospital ordered.
Part XX.1 CC is silent on mental disorder issues that arise after conviction but before an accused is sentenced. S 672.29 CC not applicable in this case. “[I]t is appropriate for me to exercise the inherent jurisdiction I hold as a superior court judge to order that Mr. Newborn continue to be held at [AHE] at least until the conclusion of the hearing…there are reasonable grounds to be concerned that at the ERC his mental health could deteriorate to the point that he would be mentally unfit to instruct counsel”.
Renouf – Defence Counsel