Law360 Canada ( July 25, 2025, 1:48 PM EDT) -- Appeal by Bharwani from a judgment of the Ontario Court of Appeal which dismissed his motion to adduce fresh evidence and affirmed his conviction. Bharwani, who has a longstanding history of mental health challenges, was charged with first-degree murder for the killing of one of his roommates. Following the homicide, Bharwani was diagnosed with schizophrenia. During the pretrial proceedings, Bharwani elected to represent himself and an amicus curiae was appointed. Several concerns were raised regarding his fitness to stand trial. Ultimately, a jury found him fit to stand trial. During the trial, forensic psychiatrists were called to testify, including W, the psychiatrist called by the Crown. The jury returned a guilty verdict, rejecting Bharwani’s defence of not criminally responsible on account of a mental disorder. Bharwani appealed his conviction and sought to adduce fresh evidence. The Court of Appeal dismissed both. It found that the record showed that while Bharwani undoubtedly faced mental health challenges, he was fit to stand trial. Bharwani now appealed arguing that the fitness to stand trial test required an accused to have analytical capacity, meaning that an accused had to possess the ability “to make rational decisions in the conduct of their defence” that were not based on delusions, which he did not. He further argued the Court of Appeal erred in dismissing his motion to adduce fresh evidence. He also brought a motion to adduce new evidence relating to judicial findings of fact concerning evidence given by W in two unrelated cases. The Crown argued the Court of Appeal correctly interpreted the Criminal Code’s definition of “unfit to stand trial” and correctly dismissed his motion to adduce fresh evidence....