Brian Conception v. Her Majesty the Queen, et al. (October 17, 2013)
Case # 34930
At issue is balancing the Charter rights of liberty and security and the principles of fundamental justice. The appellant, Brian Conception, was charged with sexual assault. When he appeared in court, he was in a psychotic state and was declared unfit to stand trial. Crown counsel recommended a treatment order, stating that he be taken to a mental health facility and not to jail. The appellant was taken to the Mental Health Center Penetanguishene and left in a hallway as no beds were available.