R v Conception
Treatment-order regime for accused unfit to stand trial — strict statutory framework constrains consent requirements.
At a glance
Conception clarified the framework for treatment orders made under s.672.58 CCC for accused found unfit to stand trial. The treating hospital's consent is required; courts cannot compel hospital admission for treatment.
Material facts
Conception was found unfit to stand trial. The court ordered treatment under s.672.58. The hospital refused to take him until a bed was available.
Issues
Can a court order treatment without the receiving hospital's consent?
Held
No. Section 672.62(1)(a) requires hospital consent.
Ratio decidendi
The treatment-order regime requires the consent of the receiving hospital. The court cannot compel admission. The provincial mental-health system has constitutional autonomy in delivery of services.
Reasoning
Moldaver J read the statutory scheme strictly. The federal criminal-law power authorises the unfitness regime; provincial health-care delivery operates under provincial competence. Mandatory admission would intrude on provincial jurisdiction.
Significance
Significant for criminal-mental-health intersection. Highlighted under-resourcing of forensic mental-health systems. Provincial responses include increased forensic-bed capacity in some provinces.
How to cite (McGill 9e)
R v Conception, 2014 SCC 60, [2014] 3 SCR 82.
Bench
McLachlin CJ, LeBel J, Abella J, Rothstein J, Cromwell J, Moldaver J, Karakatsanis J, Wagner J
Source: scc-csc.lexum.com