Calgary teen accused of raping 4-year-old foster brother fit to stand trial

KEVIN MARTIN | QMI AGENCY

CALGARY — Despite concerns over his mental capacity, a Calgary judge on Monday ruled a teenager who accused of raping his young foster brother is fit to stand before the courts.

Youth court Judge Lynn Cook-Stanhope said the test for a finding of mental fitness in Canadian law is low, and there was insufficient evidence the offender met it.

Cook-Stanhope initially raised concerns about the teen's fitness earlier this year after a doctor preparing a report for court said the offender had the mental capacity of a six-year-old.

"In Roman times, a six-year-old was not fit," Cook-Stanhope said during a September court appearance.

But after considering a psychiatric report triggered by the physician's concerns, Cook-Stanhope said lawyers could proceed to sentencing submissions in the case.

"I'm satisfied that whatever the IQ of this individual, it's clear the test for fitness in Canada is a very low threshold indeed," she said.

"Despite my disquiet ... I am forced to conclude that the presumption of fitness (in the Criminal Code) has not been rebutted.

"I therefore must conclude that (he's) fit to stand trial and I'm therefore prepared to proceed to sentencing."

The teen pleaded guilty in March to sexually assaulting a four-year-old boy in the southwest Calgary home where they were in foster care.

Neighbours saw the sexual assault of the boy through a bedroom window and contacted police.

Court was told the offender, who was 13 at the time, got the idea from viewing gay porn he was able to access in the residence.

Crown prosecutor Carla MacPhail and defence lawyer Ian McNish will present oral sentencing submissions on Jan. 14, after Cook-Stanhope receives a report from a fetal alcohol spectrum disorder conference among social workers and other caregivers on the offender's future prospects.

The youth, who was excused from attending court Monday, remains at liberty pending sentencing.