A. Bernardo

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for violent offences including attempted murder.

The accused, diagnosed with schizophrenia, had been stable on long-acting injectable medication and was transitioning to live with his parents, who were the victims of the index offences.

While the treating psychiatrist and all parties recommended a conditional discharge, the majority of the Board concluded that the accused remained a significant threat to public safety and that a detention order was the necessary and appropriate disposition to ensure rapid readmission if his mental health decompensated.

A minority would have granted a conditional discharge.

The accused, previously found not criminally responsible for assault with a weapon and other offences, appeared before the Ontario Review Board for an annual review.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his bipolar disorder and history of substance use.

However, noting his recent stability on Lithium and abstention from cannabis, the Board ordered a conditional discharge.

The Board declined to impose a mandatory treatment condition, finding it unnecessary given the accused's current insight and voluntary compliance with his medication regimen.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for killing or injuring animals, breach of probation, and criminal harassment.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his major mental illness and history of substance use.

However, noting his sustained progress, insight, and abstinence from substances, the Board accepted a joint submission and granted a conditional discharge.

With the accused's consent, the Board also imposed a treatment order under s. 672.55(1) of the Criminal Code to ensure continued medication compliance during his transition to independent living.

The Hospital sought an early review of the accused's conditional discharge, citing medication non-compliance and disengagement from treatment.

The accused, who was previously found not criminally responsible for harassment, had reduced his antipsychotic medication and stopped attending required hospital appointments.

The Ontario Review Board found that the accused continued to represent a significant threat to public safety.

The Board concluded that a conditional discharge was no longer sufficient to manage the risk and ordered a detention disposition.

However, the Board declined the Hospital's request to transfer the accused to a facility in Brockville, finding that maintaining his connection to the Ottawa community was appropriate unless further deterioration occurred.

The Ontario Review Board held an initial disposition hearing for an accused found not criminally responsible (NCR) for criminal harassment.

The accused had previously been found NCR for similar offences against the same victim and was subject to a Detention Order.

While on a conditional release, he breached non-communication orders and traveled to the victim's city, leading to the new charges.

Relying on uncontroverted expert psychiatric evidence, the Board found the accused remains a significant threat to public safety due to ongoing erotomanic delusions, marginal insight, and active cannabis use.

The Board ordered a Detention Order mirroring his previous disposition.

The accused, previously found not criminally responsible for aggravated assault, appeared before the Ontario Review Board for an annual review hearing.

The hospital and the accused's counsel submitted that he no longer posed a significant threat to public safety, a position ultimately adopted by the Attorney General.

The Board found that the accused had made sustained progress, was stabilized on medication, and had not acted violently in years.

Applying the Winko threshold, the Board concluded the accused no longer posed a significant threat and ordered an absolute discharge.

Ryan G. Gorman, previously found not criminally responsible for attempted murder and other offences, underwent his annual review hearing before the Ontario Review Board.

The Hospital recommended an absolute discharge, arguing he no longer posed a significant threat to public safety.

The Attorney General opposed, citing recent stressors, increased cannabis use, and non-compliance with residence conditions.

The Board found that the accused's recent behaviour mirrored his pre-index offence conduct, demonstrating partial insight and fragility in protective factors.

The Board concluded he continues to represent a significant threat to public safety and ordered a continued conditional discharge.

The Ontario Review Board conducted an annual review for an accused previously found unfit to stand trial on breach of probation charges.

The hospital and Crown argued the accused remained permanently unfit and posed a significant threat to public safety, necessitating continued supervision.

The accused's counsel conceded permanent unfitness but argued the significant threat threshold was no longer met due to years of stability at a supervised group home.

The Board agreed with the accused, finding that while he remains permanently unfit due to a neurocognitive disorder, the risk of serious harm is speculative given his prolonged lack of aggression, medication compliance, and the ongoing authority of his wife as substitute decision-maker.

The Board concluded the accused does not pose a significant threat and remitted the matter to the court to consider a stay of proceedings.

The accused was found not criminally responsible on account of mental disorder for harassment and public mischief offences.

The Ontario Review Board held an initial disposition hearing.

Based on the uncontroverted expert evidence of the assessing psychiatrist, the Board found that the accused, who suffers from schizophrenia and is currently untreated, poses a significant threat to public safety due to a risk of causing serious psychological harm.

The Board ordered a Detention Order at the Royal Ottawa Mental Health Centre with conditions, including a prohibition on internet access without approval, to allow for assessment of capacity to consent to treatment and management of his risk.

The accused was found not criminally responsible for harassment and public mischief offences stemming from persistent delusional complaints against a police officer.

At the initial disposition hearing, the Ontario Review Board found that the accused, who suffers from untreated schizophrenia and lacks insight, poses a significant threat to public safety due to the risk of continued psychological harm to others.

The Board ordered a Detention Order at the Royal Ottawa Mental Health Centre to facilitate assessment of his capacity to consent to treatment and to manage his risk, with privileges to reside in the community once approved.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for possession of a weapon for a dangerous purpose and criminal harassment.

The accused had been diagnosed with post-traumatic stress disorder.

The majority of the Board found that the accused had made significant progress, demonstrated strong insight, and no longer posed a significant threat to public safety.

The Board ordered an absolute discharge, with one member dissenting in favour of a conditional discharge.

The accused, previously found not criminally responsible for criminal harassment, appeared before the Ontario Review Board for an annual review of his conditional discharge.

The hospital and the Attorney General recommended continuing the conditional discharge, while the accused sought an absolute discharge.

Relying on expert psychiatric evidence, the Board found that the accused's delusional disorder remains only in partial remission and that he lacks insight into his need for long-acting injectable medication.

The Board concluded that the accused continues to pose a significant threat to public safety, specifically a risk of psychological harm to the victim, and ordered the continuation of the conditional discharge.

The Ontario Review Board conducted an annual review hearing for the accused, who was previously found not criminally responsible for uttering threats and harassment.

The hospital and the Attorney-General jointly submitted that the accused no longer posed a significant threat to public safety, citing his significant psychiatric improvement, partial remission of schizophrenia, and successful integration into the community.

The Board agreed, finding that the accused no longer posed a significant threat to the safety of the public, and granted an absolute discharge.

The Ontario Review Board conducted an annual review of the accused's detention disposition.

The accused, who was previously found not criminally responsible for weapons and mischief offences, suffers from schizophrenia and substance use disorders.

Following a period of decompensation and substance use in the community, his liberty was restricted and he was returned to the hospital.

The Board found that the accused continues to represent a significant threat to the safety of the public.

A joint submission for a continued detention disposition with increased reporting requirements upon transition to the community was accepted as necessary and appropriate.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for various offences, including failure to comply with bail conditions and mischief.

The accused, who has diagnoses of schizophrenia and intellectual disability, had been living in approved community accommodations and making progress.

However, the treatment team expressed concerns about his impulsivity, poor budgeting, and potential for decompensation if transitioned to independent living too quickly.

The Board accepted the joint submission of the parties, finding that the accused continues to represent a significant threat to the safety of the public.

A detention disposition with increased travel privileges was ordered to ensure public safety while supporting the accused's reintegration into the community.

The Ontario Review Board conducted an annual review hearing for the accused, who was previously found not criminally responsible for several offences including robbery and harassment.

The accused has a history of bipolar disorder, substance use, and medication noncompliance.

While the accused has made positive progress recently, including engaging in therapy and maintaining sobriety for periods, he experienced multiple relapses into cocaine use during the review period.

The Board found that the accused continues to represent a significant threat to the safety of the public.

A detention disposition with increased travel privileges was ordered as necessary and appropriate to manage his risk while supporting his reintegration.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault and other offences.

The accused had been living in the community, complying with his long-acting injectable antipsychotic medication, and abstaining from substances.

The Hospital, the Attorney General, and the accused presented a joint submission that the accused no longer posed a significant threat to the safety of the public.

The Board accepted the joint submission and granted the accused an absolute discharge.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for various offences including assault and uttering threats.

The accused's attending psychiatrist testified that the accused had maintained sobriety, completed addictions programming, and demonstrated insight into his schizoaffective disorder.

The hospital and the Attorney-General jointly submitted that the accused no longer posed a significant threat to public safety.

The Board accepted the joint submission and granted the accused an absolute discharge.

The Ontario Review Board held an annual review hearing and an initial hearing on new charges for an accused previously found not criminally responsible (NCR) for criminal harassment and other offences.

The accused, who has schizophrenia, had been living in the community under a detention order but was readmitted to the hospital after a decompensation led to new criminal harassment charges, for which he was again found NCR.

The Board accepted the joint submission of the parties that the accused continues to represent a significant threat to public safety.

The Board ordered the continuation of the existing detention order, finding it necessary and appropriate to protect the public while facilitating the accused's reintegration.

The Ontario Review Board held a hearing to review the restriction of the accused's liberties following her readmission to the hospital.

The accused, who has schizoaffective disorder, had stopped taking her medication while living in the community, leading to a deterioration in her mental state and alleged assaults on hospital staff in Quebec.

The Board accepted the joint submission of the parties that the hospital's decision to readmit and detain the accused was warranted, reasonable, and the least onerous option available until suitable community accommodation could be arranged.