Trial Fitness Clarified: The SCC’s Approach in R v Bharwani
When the Supreme Court of Canada granted leave to appeal in R v Bharwani, it represented the first instance in over three decades that the highest court had the opportunity to interpret section 2 of the Criminal Code, since Parliament established the statutory definition for “unfit to stand trial” in 1991. Canadian mental disorder jurisprudence has come a long way in the previous three decades, but fitness—an issue central to the accused’s autonomy, trial fairness, and the “Not Criminally Responsible on Account of Mental Disorder” regime—remains largely governed by Taylor, an integral, but pre-Charter-evolution decision.