Law360 Canada (December 22, 2020, 6:49 AM EST) -- Appeal by the accused from conviction for second degree murder. The appellant attacked a prison cellmate. The cell video showed the appellant applying chokeholds and neck compressions to the victim over a couple of time periods. The victim died of hypoxic-ischemic encephalopathy caused by neck compression. The appellant subsequently stated he heard voices that ordered him to kill the victim. The appellant was using crystal methamphetamine and admitted to inhalation of methamphetamine four to five days prior to the incident. The appellant’s first trial ended in a mistrial. He was found to be fit to stand trial prior to both trials. At his second trial the appellant was self-represented, and amicus was appointed. When the Crown closed its case, the amicus asked the trial judge to order a fitness assessment since the appellant had taken no meaningful steps in his own defence and was passive, if not disinterested. The trial judge saw no basis to find that the extent to which appellant had participated or not participated in the proceedings raised a concern respecting fitness and denied the request. The appellant argued the trial was unfair because the trial judge failed to appreciate the test for a fitness assessment and failed to order the assessment when requested to do so by the amicus, leading to a miscarriage of justice. He also argued the trial judge erred in her analysis of the mens rea for murder and her reasons did not explain why the evidence elicited did not undermine murderous intent....