Abstract
The authors describe with some detail a murder trial at which they gave evidence for the Crown.
During the trial an unusual situation developed which resulted in something which is considered without precedent in Canada. There had been no suggestions, prior to the trial, that the accused was mentally ill or unfit to stand his trial, but after the Crown's case was completed the accused took the Box to give evidence on his own behalf. Because of his conduct there the Judge ordered a Trial of the Issue as to his fitness to proceed with his trial. He was found fit to continue but on the following day the Crown Psychiatrists, with the Defence Psychiatrist absent, reported that they observed a change in the patient and suspected that he was not well. A lengthy recess was announced to enable the Psychiatrist to examine the accused and when they reported on their findings to the Crown Attorney, the Judge ordered another Trial of the Issue and the two Crown Psychiatrists reported that the man was unfit to continue his trial and the Jury so found.