[ql06] CRIMINAL; CONSTITUTIONAL
- From: Sheldon Erentzen <sheldon.erentzen@xxxxxxxxxxxx>
- To: ql06@xxxxxxxxxxxxx
- Date: Wed, 08 Oct 2003 22:55:09 -0400
The following case is being looked at by the Supreme Court.
I find it interesting because in one of my former lives, I was the
supervisor of a group home for the mentally challenged. I've had various
experiences working in the mental health field (and that's just me
talkng about my ex-wife ba-dum-pum :-) ) and dealt with a few people who
were pedophiles. Some clients were sexually mature adults with all the
urges and drives that go with that. They had desires but were unsure
what they meant and what forms of expression were appropriate. There's a
whole field and profession that specialises in sexual socialization of
the developmentally disabled.
s.24(1) of the Charter guarantees the right to apply to competent court
for a remedy when a right is trespassed upon.
s.7 refers to the right to liberty and the right not to be deprived of
liberty except through process that considers the principles of
fundamental justice
s.11(b) refers to right to be tried in due time
It seems to me that this case DOES deny the man with Down Syndrome his
due process right of a speedy trial. He is basically being continually
tried. He 's in the limbo of the Review Board leisure.
[snip]
29234 Réjean Demers v. Her Majesty the Queen
Canadian Charter of Rights and Freedoms - Criminal law - Accused unfit
to stand trial - Constitutionality of s. 672.54 of Criminal Code
concerning accused persons found unfit to stand trial - Whether s.
672.54 of Criminal Code unconstitutional on ground that it infringes
rights and freedoms guaranteed by ss. 7 and/or 15(1) of Charter -
Whether Appellant entitled to stay of proceedings as remedy under s.
24(1) of Charter, on ground of infringement of his rights guaranteed by
ss. 7 and/or 11(b) of Charter.
In January 1997, the Appellant was charged with sexual assault of a
seven-year old boy. Following an assessment of his mental state, the
Appellant was found unfit to stand trial because of a moderate
intellectual impairment caused by Down's Syndrome. The Appellant was
detained at the Robert Giffard hospital while waiting for a disposition
by the Review Board under s. 672.47 of the Criminal Code. On May 5,
1997, the Review Board conditionally discharged the Appellant under s.
672.54 of the Criminal Code. Every year since, the Board has made a
disposition that the Appellant be conditionally discharged.
The Appellant asked the Quebec Superior Court to grant a stay of
proceedings as a remedy for the alleged infringement of his rights under
ss. 7, 11(b) and 15(1) of the Charter and challenged the
constitutionality of s. 672.54 of the Criminal Code. The Quebec Superior
Court dismissed the Appellant's motion for a stay and declared s. 672.54
of the Criminal Code to be constitutional.
Origin of the case: Quebec
File No.: 29234
On appeal from trial judgment: April 2, 2002
Counsel: Suzanne Gagné for the Appellant
Joanne Marceau for the Respondent
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