In my view, the trial judge failed to assess the measures in the DTPR which promote and assist treatment. Legislation that provides for an individualized assessment of a claimant cannot normally be characterized as perpetuating a stereotype. “An individualized process is the antithesis of the logic of the stereotype, the evil of which lies in prejudging the individual’s actual situation and needs on the basis of the group to which he or she is assigned.”: Winko v. British Columbia (Forensic Psychiatric Institute), 1999 CanLII 694 (SCC), [1999] 2 S.C.R. 625, 175 D.L.R. (4th) 193 at para. 88.
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