C. Murray

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for uttering threats and failing to comply with probation.

The accused, diagnosed with schizophrenia and antisocial personality disorder, had made positive gains in treatment and anger management.

Relying on uncontroverted expert evidence, the Board found the accused remained a significant threat to public safety due to a lack of assessment in an unstructured environment.

The Board ordered the continuation of the detention order with increased privileges, including living in the community in approved accommodation.

The accused was found not criminally responsible for pointing a firearm and appeared before the Ontario Review Board for an initial disposition.

The Board considered expert psychiatric evidence indicating that the accused lacks full insight into his bipolar disorder and remains vulnerable to relapse if he stops medication or resumes cannabis use.

Finding that the accused poses a significant threat to public safety, the Board ordered a conditional discharge with terms including residence requirements and psychiatric monitoring.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for dangerous operation of a motor vehicle and failing to stop for police.

The accused's treating psychiatrist testified that the accused's primary diagnosis may be substance-induced rather than bipolar disorder, and that substance use remains a primary trigger for relapse.

The Board accepted the joint submission of the parties and the uncontroverted expert evidence that the accused remains a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order with additional privileges for hospital/ground access and indirectly supervised community access.

The Ontario Review Board held an initial disposition hearing for an accused found not criminally responsible for aggravated assault and assault with a weapon.

The accused, diagnosed with schizophrenia in remission and cannabis use disorder, had been living in the community without incident.

Relying on uncontroverted psychiatric evidence, the Board found the accused remains a significant threat to public safety due to his mental condition and ongoing daily cannabis use.

The Board ordered a Conditional Discharge with terms including a weapons prohibition and random urine screens, but notably excluded an absolute abstinence clause to allow monitoring of his cannabis use in the community.

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

The accused had maintained a long period of mental stability, medication adherence, and sobriety from substances.

Relying on the unanimous opinion of the clinical team and the attending psychiatrist, the Board found that the accused no longer poses a significant threat to the safety of the public.

An Absolute Discharge was ordered.

The Ontario Review Board conducted an annual review and a Restriction of Liberty (ROL) hearing for an accused found not criminally responsible for break and enter and breach of probation.

The accused, diagnosed with schizophrenia and substance use disorder, had his liberty restricted after testing positive for methamphetamines and going AWOL from his community residence.

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

Relying on uncontroverted expert psychiatric evidence, the Board concluded the accused remains a significant threat to public safety and ordered the continuation of his Detention Order with amendments requiring 24/7 supervised accommodation.

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

The Board unanimously found that the accused continues to pose a significant threat to public safety due to his major mental illness, poor insight, and ongoing psychotic symptoms.

The Board ordered his continued detention at the hospital but expanded his supervised pass privileges from 24 to 72 hours.

A majority of the Board amended the disposition to allow the accused to smoke cigars off hospital grounds where permitted, while maintaining the prohibition against possessing any other incendiary devices, including lighters or matches.

Two members dissented, finding that he should only be permitted to smoke cigars under direct supervision.

The Ontario Review Board conducted an annual review for an accused found unfit to stand trial on charges of sexual assault and assault.

The accused, who has severe autism spectrum disorder and an intellectual disability, is largely non-verbal and requires a high level of supervision.

The Board found that the accused remains unfit to stand trial, likely permanently, and continues to pose a significant threat to public safety due to behavioural instability and aggression.

The Board ordered the continuation of the existing Detention Order with an added privilege permitting indirectly supervised community access to facilitate specialized programming.

The Ontario Review Board held a mandatory hearing to review the hospital's decision to restrict the liberty of the accused, who had previously been found unfit to stand trial.

The accused had absconded during a community program, walked into traffic, and assaulted a staff member.

The Board found that the initial decision to withhold privileges and the ensuing restriction of liberty were necessary, appropriate, and represented the least restrictive measures available to manage the risk to public safety.

The Ontario Review Board held an initial disposition hearing for an 81-year-old accused found not criminally responsible for attempted murder.

The accused had cut his daughter-in-law's throat while experiencing delirium induced by a severe, treatment-resistant infection following hip surgery.

Accepting a joint submission supported by the treating psychiatrist's evidence, the Board found the accused remains a significant threat to public safety due to his ongoing infection and cognitive decline.

The Board ordered a detention order with discretionary privileges, including the ability to reside in hospital-approved community accommodation.

The Ontario Review Board held a mandatory hearing to review the Detention Disposition of the accused, who was previously found not criminally responsible for bank robbery.

The accused suffers from treatment-resistant schizophrenia and a substance use disorder.

The Board accepted the joint submission and the hospital's psychiatric evidence that the accused continues to pose a significant threat to public safety due to his lack of insight, risk of substance use, and potential for medication non-adherence in the community.

The Board ordered that the Detention Disposition be maintained with the same terms.

The accused was previously found not criminally responsible for attempted murder and possession of a weapon.

Following a transfer from Alberta to Ontario, the Ontario Review Board held an initial disposition hearing.

Relying on uncontroverted psychiatric evidence, the Board found that the accused continues to suffer from delusional disorder and poses a significant threat to public safety if released without supervision.

The Board ordered a Detention Disposition with privileges to allow for gradual reintegration into the community.

The Ontario Review Board held an initial hearing to determine the fitness of the accused, who had previously been found unfit to stand trial on charges including mischief and causing a disturbance.

The accused has a complex mental health history involving severe trauma, suicide attempts, and diagnoses including Complex PTSD and possible Dissociative Identity Disorder.

Relying on the expert evidence of two treating psychiatrists, the Board found that the accused remained unable to demonstrate a reality-based understanding of court proceedings and could not rationally instruct counsel.

The Board concluded the accused remains unfit to stand trial and ordered a Detention Disposition.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for assault and assault with a weapon.

The accused, who has diagnoses of Autism Spectrum Disorder and Obsessive Compulsive Disorder, had been detained at a forensic psychiatry program.

Based on a joint submission, the Board found that the accused remains a significant threat to public safety due to the risk of mental deterioration and violent acting out if not properly supported.

The Board ordered the continuation of the current detention order with discretionary privileges to allow for a gradual, supported transition to community living.

The accused, previously found not criminally responsible for second-degree murder, was living in the community under a Detention Disposition.

Following an incident where he crossed boundaries with a female co-worker and was terminated from his employment, the hospital readmitted him, significantly restricting his liberty.

The Ontario Review Board convened to review the restriction pursuant to s. 672.81(2.1) of the Criminal Code.

Accepting the joint submission of the parties, the Board found that the initial and ongoing restriction of liberty was necessary, appropriate, and represented the least onerous and least restrictive measure to manage the accused's risk to the public.

The accused, previously found not criminally responsible for second-degree murder, was discharged to the community but readmitted to the hospital after breaching his community plan, including substance use and failing to attend appointments.

The hospital notified the Ontario Review Board of the restriction of liberty.

The Board held a hearing and found that the significant increase in the restriction of the accused's liberty was necessary, appropriate, and represented the least onerous and least restrictive measure to manage his risk to public safety.

The Ontario Review Board held an initial hearing to determine whether the accused, previously found unfit to stand trial on various charges, remained unfit.

Based on the evidence of her treating psychiatrist, the accused's mental status had stabilized following medication optimization and abstinence from substances.

The Board found the accused was now able to understand the nature of the proceedings, the roles of court officers, and instruct counsel.

The Board concluded the accused was fit to stand trial and ordered her returned to court, remaining detained at the hospital in the interim.

The Ontario Review Board held a hearing to review the hospital's decision to readmit the accused, who was previously residing in the community, thereby significantly restricting his liberty.

The accused had been exhibiting a deterioration in mental status, testing positive for cocaine, and failing to maintain his supported housing.

The Board found that the readmission and continued detention were necessary, warranted, and the least onerous and restrictive measures available to manage his risk to public safety.

The Ontario Review Board held a mandatory annual review of the accused's disposition.

The accused, previously found not criminally responsible for assault with a weapon and other offences, was subject to a Conditional Discharge.

Due to recent medication non-adherence, increased substance use, and decompensation, the hospital recommended a Detention Disposition.

The Board found that the accused continues to represent a significant threat to the safety of the public and that a Conditional Discharge was no longer sufficient to manage his risk.

The Board ordered a Detention Disposition at the Southwest Centre for Forensic Mental Health Care.

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

The hospital and the Crown jointly submitted that the accused no longer posed a significant threat to public safety and should receive an absolute discharge.

The Board rejected the joint submission, finding that the accused's bipolar disorder remained unstable, his medication regimen required frequent adjustments, and his risk management relied heavily on the tenuous support of his common-law partner.

Concluding that the accused continued to pose a significant threat, the Board ordered a Detention Order.