C. Murray

The Ontario Review Board held a hearing to determine whether the accused, previously found unfit to stand trial on multiple violent charges, had regained fitness.

The hospital's psychiatrist opined that the accused was fit and that his bizarre testimony at the hearing was malingering motivated by a desire to be transferred to a lower-security facility.

Applying the Supreme Court's test from R. v. Bharwani, the Board rejected the expert's conclusion, finding that the accused's testimony demonstrated a lack of reality-based understanding of the proceedings.

The Board concluded the accused remained unfit to stand trial and ordered his continued detention at the secure hospital.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for uttering threats and breaching a recognizance.

The Board accepted uncontroverted psychiatric evidence that the accused remains a significant threat to public safety due to ongoing verbal aggression, sexually inappropriate behaviours, and mental fragility.

While noting behavioral improvements following a medication change, the Board concluded that a Detention Disposition with a weapons prohibition remains necessary and appropriate while the search for suitable community housing continues.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for various assault and weapons offences.

The hospital, Crown, and accused jointly supported a transfer to an all-male unit at the Centre for Addiction and Mental Health (CAMH).

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety due to his autism spectrum disorder, impulsivity, and reliance on external structure.

The Board ordered a detention disposition with a transfer to CAMH, finding it necessary and appropriate to manage his risk while meeting his rehabilitative needs.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for assault.

The accused's physical and mental health had significantly declined due to dementia and frailty, leaving him bedbound and chronically delirious.

The Board accepted uncontroverted medical evidence that the accused no longer poses a significant threat to public safety.

Consequently, the Board granted an absolute discharge, noting he will remain in hospital until a long-term care placement is found.

The accused, diagnosed with schizophrenia, was previously found unfit to stand trial for assault with a weapon.

The Ontario Review Board held a mandatory hearing to review his disposition.

Applying the fitness test from R. Bharwani, the Board found that while the accused could answer Taylor test questions, he lacked a reality-based understanding of the proceedings due to his delusional belief that his sentence was already served.

The Board concluded he remains unfit to stand trial but ordered his transfer to a lower-security facility with accompanied community passes, as he no longer required a high-secure forensic envelope.

The Ontario Review Board held a mandatory annual hearing to review the disposition of the accused, who was previously found not criminally responsible for assault offences.

The accused is currently detained at a secure forensic psychiatric hospital.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety due to his schizophrenia and risk of medication non-compliance.

The Board ordered that the accused remain subject to a detention disposition.

The Ontario Review Board held a hearing to review the hospital's decision to significantly restrict the accused's liberty by placing him in seclusion following a severe assault on a co-patient.

The accused, who had previously been found not criminally responsible for assault, was secluded from November 2 to November 22, 2023, due to imminent risk of violence, active psychotic symptoms, and weapon-making behaviour.

The Board found the restriction of liberty was warranted and necessary for public safety.

Additionally, the Board ordered an independent assessment of the accused's mental condition and risk to public safety to be completed prior to his annual review hearing.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder.

The accused, diagnosed with schizophrenia and antisocial personality disorder, sought a transfer to CAMH with additional privileges.

The hospital and Attorney-General supported the transfer and the addition of accompanied hospital and staff-escorted community passes.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety.

The Board ordered a Detention Disposition with a transfer to CAMH and the requested additional privileges, emphasizing the need for a cautious approach to community access.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for forcible entry, mischief, and assaulting a peace officer.

The accused, diagnosed with schizoaffective disorder and substance use disorders, had his liberties restricted and was readmitted to the hospital following repeated substance use and an inability to manage independent living.

Applying the Winko framework, the Board found the accused continues to pose a significant threat to public safety.

The Board ordered a continued Detention Disposition and upheld the hospital's restriction of liberties as necessary and appropriate.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault and uttering threats.

The accused, who suffers from schizoaffective disorder, requested a transfer to a less secure hospital.

The treatment team opposed the transfer due to the accused's recent medication non-compliance, mental status decompensation, and lack of insight.

The Board found that the accused continues to pose a significant threat to public safety and concluded that continuing the Detention Order at the current high-secure hospital is the least onerous and least restrictive disposition.

The Ontario Review Board conducted an annual hearing to review the disposition of the accused, who was found not criminally responsible for second-degree murder.

The accused has a lengthy history of violence, schizophrenia, and substance abuse.

All parties agreed that the accused continues to pose a significant threat to public safety and that his detention at the high-secure forensic hospital should continue.

The Board ordered the continuation of the Detention Order with no changes to its terms and, on consent of the parties, extended the time for the next hearing to 24 months due to the accused's stable but declining cognitive condition.

The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.

The accused, who was previously found not criminally responsible for multiple violent offences, has diagnoses of schizophrenia and substance use disorders.

The Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, history of unpredictable aggression, and ongoing psychotic symptoms.

The Board ordered the continuation of the Detention Order with no change to its terms, finding it to be the least onerous and least restrictive disposition necessary to manage the risk.

The Ontario Review Board conducted an annual review for an accused found unfit to stand trial on charges including aggravated assault.

The accused, diagnosed with schizophrenia and substance use disorder, had recently experienced a decompensation in mental state and engaged in assaultive behaviour requiring seclusion.

Applying the Bharwani test, the Board found the accused remained unfit to stand trial.

Despite a joint submission from the hospital, Crown, and defence to transfer the accused to a less secure facility, the Board concluded that a transfer was inappropriate due to the risk of substance use and medication non-compliance.

The Board ordered the continuation of the Detention Disposition at the current secure hospital.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder and other offences.

The accused, diagnosed with schizophrenia, had made significant progress over the past year at Waypoint Centre for Mental Health Care, with no incidents of aggression and successful participation in programs.

All parties jointly submitted that the accused continues to pose a significant threat to public safety but recommended a transfer to the Centre for Addiction and Mental Health (CAMH) to be closer to family.

The Board agreed, ordering a Detention Disposition at CAMH with conditions, while leaving residual authority with Waypoint until the transfer is effectuated.

The Ontario Review Board held a hearing to determine if the accused, who is diagnosed with schizophrenia and charged with aggravated assault, was fit to stand trial.

Relying on the expert evidence of the attending psychiatrist, the Board found that the accused's negative symptoms, including poverty of thought and lack of motivation, prevented him from making reality-based decisions.

The Board concluded the accused remains unfit to stand trial and ordered the continuation of his detention disposition at the hospital as the least onerous and least restrictive disposition to manage his risk to the public.

The Ontario Review Board held a mandatory review hearing for an accused found not criminally responsible for multiple offences including assault with a weapon.

The accused, diagnosed with schizophrenia, has been held in seclusion and strongly opposes long-acting injectable antipsychotic medication.

The Board accepted psychiatric evidence that the accused fabricates symptoms to avoid medication and would pose a significant threat to public safety if released from the highly structured environment.

The Board ordered the continuation of the existing Detention Disposition and maintained its recommendation for an interprovincial transfer to Philippe-Pinel.

The Ontario Review Board conducted an annual review of the accused's disposition under s. 672.81(1) of the Criminal Code.

The accused, previously found not criminally responsible for murder and other offences, was detained at a high secure forensic hospital.

All parties jointly submitted that the accused should be transferred to a medium secure facility.

The Board found that the accused continues to represent a significant threat to public safety due to his maladaptive personality traits, cannabis use disorder, and lack of meaningful engagement in treatment.

The Board rejected the joint submission, concluding that a continuation of the detention order at the high secure facility was the necessary and appropriate disposition to manage his risk.

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

The accused, who was previously found not criminally responsible for attempted murder, resides at a mental health centre and suffers from schizophrenia.

The Board accepted the joint submission of the parties and the evidence of the attending psychiatrist that the accused continues to experience auditory hallucinations and remains a significant threat to public safety.

The Board ordered the continuation of the existing detention order without change.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder.

The accused, diagnosed with treatment-resistant schizophrenia, had a history of severe psychotic decompensation, unpredictable violence, and treatment noncompliance.

Although the accused showed recent improvements following adjustments to his medication and electroconvulsive therapy, the Board accepted the attending psychiatrist's evidence that the stability was recent and achieved under maximal containment conditions.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered the continuation of the existing Detention Order at the high secure forensic program.

The accused, previously found not criminally responsible for attempted murder, appeared before the Ontario Review Board for an annual review.

The Board considered whether he continued to pose a significant threat to public safety.

Evidence from the hospital and his attending psychiatrist demonstrated sustained psychiatric stability, complete abstinence from substances, excellent insight, and strong family support.

The Board applied the Winko framework and concluded the accused no longer posed a significant threat.

An absolute discharge was granted.