irremediable

Mr Myers KC had argued the re-trial for Baby K should have been "stayed as an abuse of process", which means the prosecution should have stopped, due to "overwhelming and irremediable prejudice" after the first trial.

He can adhere to the letter of the judge’s order and acquiesce in potentially laying the groundwork to dismiss the case at an irremediable point.

The 2021 law expanded eligibility to people experiencing “grievous and irremediable” conditions.

"It was not just compounded, but for all practical purposes rendered irremediable, by the erroneous entry on his admission record that he had had it," Ms Skinner said.

It can be difficult to determine whether a mental illness is truly irremediable, as the law requires, and to differentiate between pathological suicidality and a rational desire to die, says Sonu Gaind, chief psychiatrist at Toronto's Sunnybrook Health Sciences Centre.