Case information

Criminal law — Mental disorder — Assessment order — Prerogative writs — Habeas corpus — Mandamus — Whether Manitoba’s culture of laissez faire for court ordered assessments under Part XX.1 of the Criminal Code is an abuse of process — Whether the Court of Appeal motions judge erred in sending the prerogative remedies back to the Court of Queen’s Bench, making compliance with the assessment order virtually impossible to meet since the expiry of the order was but two days later — Whether, in doing so, the Court of Appeal motions judge denied the applicant a just remedy for an expeditious assessment mandated by Part XX.1 of the Criminal Code, R.S.C. 1985, c. C 46.

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The applicant, Karlton Dean Reimer, stands charged with two counts of second degree murder and is currently in custody awaiting his trial. In pre-trial discussions, he advised he would assert he was not criminally responsible by reason of mental disorder. On March 11, 2022, Champagne J. of the Manitoba’s Queen Bench granted the respondent Crown’s application for a 30 day assessment order pursuant to s. 672.12(1) of the Criminal Code. Recognizing that it was unlikely the assessment would be completed in 30 days, Champagne J. also granted an extension of time for a further 60 days within which the assessment was to be completed.

The applicant opposed the 90 day timeline and took the position that that the maximum period for which an order can exist is 60 days, but that compelling circumstances must be shown as a condition precedent for any extension beyond 30 days and were not present here. Its position was therefore that the order would expire after 30 days — on April 9, 2022. The applicant applied for writs of habeas corpus and mandamus to release the applicant from where he was incarcerated and deliver him to where the assessment would occur and to mandate that the assessment be completed and the applicant released by no later than April 8, 2022 to be compliant with s. 672.191 of the Code.

On March 24, 2022, McCarthy J. denied the applicant’s request to have the applications for prerogative writs heard before the April 7, 2022 pretrial already scheduled before Champagne J. who made the original assessment order.

The applicant moved for short leave, habeas corpus and mandamus before the Manitoba Court of Appeal. Monnin J.A. struck the motion. The applicant sought leave to appeal that decision to this Court.