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Can an NCR Order Be Overturned Based on Ineffective Counsel?

January 12, 2024

R. v. Trudel, 2015 ONCA 422

A case before the Ontario Court of Appeal seemed to have been decided in the defendant’s favour… but she appealed the decision because of a Not Criminally Responsible (NCR) ruling, stating that her criminal lawyer did not describe the terms of an NCR as fully as they should have. Namely, she claimed the defendant did not know that she may be indefinitely detained. 

Can Your NCR Be Overturned?

The defendant had been accused of aggravated assault, and her criminal defence lawyer had successfully argued that she had a mental disorder, making her not criminally responsible for her actions. 

In appealing the decision in order to remove her consent to the NCR, the defendant was unable to prove that she did not fully know the ramifications of the NCR. In addition to this, she had to be able to prove prejudice – in this case, that the result of the case could have been different had it not been for the incompetence claimed. 
The appeal was dismissed. 

Get Insight Into Your Legal Case

If you or a loved one is facing criminal charges, it’s essential to seek counsel from a lawyer in Toronto or elsewhere in Ontario from a legal team you trust. As an experienced litigation boutique in Toronto, the Karrass Law team goes beyond simple legal advice. We will provide our clients with transparency and strong representation to ensure that we achieve the best possible outcome. 
To learn more about your options, talk to Robert Karrass and our criminal defence team. 


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