The appellant hospital appealed a disposition of the Ontario Review Board granting the respondent, who was previously found not criminally responsible, a conditional discharge.
The hospital argued that the respondent's recent involuntary committal under the Mental Health Act triggered a mandatory restriction of liberty hearing under the Criminal Code, and that the Board's disposition improperly blended a conditional discharge with a detention order.
The Court of Appeal held that a Mental Health Act committal does not trigger the Criminal Code hearing requirement.
The Court further found that the Board's disposition was a valid conditional discharge and was reasonable given the respondent's history and the risk management concerns.
