03/03/2021
MALE FOUND CRIMINALLY RESPONSIBLE FOR YONGE STREET ATTACK, GUILTY ON ALL 26 CHARGES:
In a decision broadcasted this morning (Wednesday March 3, 2021), Ontario Superior Court Justice Anne Molloy ruled that the male behind the Yonge Street van attack in April 2018 was criminally responsible for his actions and found him guilty of all 26 charges he was facing (10 counts of first-degree murder and 16 counts of second-degree murder).
Justice Molloy said the accused had a "functioning, rational brain" and spent a considerable amount of time planning the attack and weighing the consequences.
Lawyers for the accused argued that he should not have been found criminally responsible for his actions due to his Autism Spectrum Disorder diagnosis - under Section 16 of the Criminal Code. This was the first time an Autism Spectrum Disorder diagnosis was used as a not criminally responsible defence in a Canadian murder trial.
Psychiatrists for both the defence and prosecution testified that the accused was not psychotic or suffering from delusions at the time of the deadly attack.
In the decision, Justice Molloy said while Autism Spectrum Disorder does qualify as a mental disorder under Section 16, allowing it as a successful argument only opens the door to the possibility of someone using that diagnosis for a possible not criminally responsible defence.
"Did he lack the capacity to rationally evaluate what he was doing," Molloy said in her decision. "I find that the defence has failed to meet its onus on this point."
Read the Full Decision here:https://www.ontariocourts.ca/decisions/2021ONSC1258.pdf
