The Ontario Review Board conducted an annual review of the accused's disposition.
The accused, diagnosed with schizophrenia, was previously found unfit to stand trial on a charge of failing to comply with SOIRA.
The hospital and the Attorney General sought to detain the accused at a maximum secure facility without the possibility of transfer, while the accused sought to maintain the ability to transfer to a less secure facility.
Applying the test from R. v. Bharwani, the Board found the accused remained unfit to stand trial due to mutism caused by his mental illness.
However, noting recent improvements following the administration of long-acting injectable medication, the Board maintained the current disposition allowing for a potential transfer to a less secure facility.