Judge David Chow granted an application for a psychiatric assessment of a 17-year-old boy charged with attempted murder during Moose Jaw provincial court on Tuesday.
The boy cannot be named under the Youth Criminal Justice Act.
Defence lawyer Merv Nidesh requested the assessment to determine whether the accused is fit to stand trial and capable of understanding instructions from counsel, as well as whether his state of mind at the time of the offence could allow for a not-criminally-responsible defence.
Nidesh told the court he had met with the youth three times in person at the Paul Dojack Youth Centre in Regina and had extensive communications with the boy’s mother.
He said the boy has been diagnosed with schizophrenia. After communicating with organizations dealing with Fetal Alcohol Spectrum Disorder (FASD) and conducting interviews with the mother, Nidesh also felt FASD could be a factor.
Nidesh added that the mother and her partner supplied him with photos and videos of the accused while in the hospital’s mental health unit. He told the court the boy overdosed in March, prolonging his hospital stay, and overdosed again in April.
Nidesh pointed to section 34 of the Youth Criminal Justice Act, which empowers a judge to order an assessment at any time during proceedings, but stipulates the youth cannot be remanded for more than 30 days after the report is ordered.
He said he spoke with provincial Crown prosecutor Rob Parker on Monday about the application, and Parker indicated he was not opposed. Stephen Wishart, representing the Crown on Tuesday, also confirmed there was no opposition. Nidesh added the defence was not contesting the boy’s detention until the next court date.
Because court-ordered mental assessments for youth are rare, Chow expressed concern, noting past instances where the Paul Dojack Youth Centre could not accommodate the request.
Chow made the order for an assessment but asked Nidesh to confirm with the youth centre that they have the capacity to carry it out. Nidesh replied that he has a good working relationship with the facility and would follow up.
The youth will return to Moose Jaw provincial court on Sept. 9.
He was charged in connection with a shooting on the North Service Road on July 14, in which the victim suffered serious gunshot wounds. Police identified the boy and 30-year-old Meagan Windover as suspects.
The youth was arrested on July 15 following a police operation on the 1100 block of Willow Avenue.