Is there any case law that supports the argument that assessments into competency must always be informed by a presumption in favour of competence?

Ontario, Canada


The following excerpt is from R. v Yang, 2017 ONSC 2229 (CanLII):

In recognizing the pitfalls of hindsight, Doherty J.A. instructs that assessments into competency must always be informed by a presumption in favour of competence. R v. Joanisse, at para. 72.

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