Fitness to Stand Trial
Fitness to Stand Trial Legal Standards for Fitness The legal standard that applies to determine fitness is provided for in section 2 of the Criminal Code , where “unfit to stand trial” is defined. “‘unfit to stand trial’ means unable on account of mental disorder to conduct a defence at any stage in the proceedings before a verdict is rendered or to instruct counsel to do so, and in particular, on account of mental disorder to (a) understand the nature or object of the proceedings, (b) understand the possible consequences of the proceedings, or (c) communicate with counsel;” In determining whether the accused person is unfit, the “ Taylor test” is applied. the Taylor test calls only for “limited cognitive capacity”. The standard for fitness is therefore not high. It requires only a “relatively rudimentary understanding of the judicial process” ( R. v. Morrissey 2007 ONCA 770 (CanLII), [2007] O.J. No. 4340 at para 27 (Ont, C.A)) and a basic but m...