Why a man with schizophrenia will likely be found fit to stand trial for attempted murder

The family of a man with schizophrenia charged with two counts of attempted murder is bracing for an aspect of the criminal justice system that is almost inevitable.

Despite any symptoms Mitchell Rose may have been suffering from when he attacked his neighbours in a St. John’s apartment building last week, there is a high degree of probability he’ll be found mentally fit to stand trial.

The fitness test under Canadian law only requires an accused person to be able to communicate with their lawyer and have a basic understanding of proceedings.

“We don’t want to think of Mitchell going to trial, but that is a very scary thought that we may have to deal with very soon,” said his sister, Janaya Rose, in an interview on Friday.

“He’s not going to talk to a lawyer. He’s not going to talk to anybody about anything,” added his mother, Trudy Hickey. “He’s not fit to stand trial.”

Critics have panned the test for decades, arguing it sends people with complex mental health issues headfirst into the justice system, often unable to participate in their defence or make decisions in their own best interest.

The Supreme Court of Canada clarified the test in a decision earlier this year, stressing the importance of an accused person’s autonomy and dignity in the legal process — even if they are hurting their own defence.

“The accused is not required to make decisions in their best interests, but cannot be overwhelmed by delusions, hallucinations, or other symptoms of their mental disorder when making and communicating these decisions,” the court’s decision reads.

Retired Crown prosecutor Mike Murray said it’s important to note fitness has nothing to do with a person’s mental state at the time of the alleged offences,  but their mental state in the days, weeks and months afterwards.

“Fitness can be fluid,” Murray explained, noting that a person can be found unfit when they’re first arrested but later become fit as they receive medical treatment.

That could be the case for Rose, he said.

Rose was sent for a psychiatric evaluation after his arrest, but the court heard he refused to speak with a psychiatrist. He was sent back to the hospital for another seven days so the doctors could try again.

Murray said people are often held at the psychiatric hospital for 30 days before a determination is made. 

The longer the process goes, the more likely a person’s condition stabilizes, and the more likely they’ll be found fit to stand trial.