A. Bell

The Ontario Review Board convened a hearing to review a significant increase in the restrictions on the liberty of an NCR accused.

The accused, who had been living in an approved community residence, was involuntarily admitted to the hospital after exhibiting threatening and unmanageable behaviour, leading to his eviction from the residence.

The Board found that the hospital's decision to restrict the accused's liberty by detaining him in the Forensic Inpatient Unit was necessary to manage the risk he posed to himself and others.

The Board concluded that the restriction was the least onerous and least restrictive measure available in the circumstances.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assaulting a peace officer and uttering threats.

The accused, diagnosed with schizophrenia, sought an absolute discharge.

The hospital and the Crown argued that the accused remained a significant threat to public safety due to partial medication non-compliance and lack of insight into his illness.

The Board accepted the psychiatric evidence and the testimony of the accused's aunt, finding that the accused poses a real risk of serious harm if no longer subject to an ORB disposition.

The Board ordered the continuation of the existing conditional discharge.