C. Plyley

The Ontario Review Board held a hearing to review the hospital's decision to restrict the liberty of an accused previously found not criminally responsible for first-degree murder and arson.

The accused had been living in the community but was readmitted to the hospital after police found him consuming alcohol and cannabis in violation of his disposition, following allegations of harassment.

The Board accepted expert psychiatric evidence that the accused was experiencing acute decompensation of a bipolar-related disorder exacerbated by substance use and suboptimal treatment.

The Board concluded that both the initial and ongoing restrictions of liberty were warranted, necessary, and the least onerous interventions available to protect public safety.

The Board also approved joint submissions to amend the disposition to include specific no-contact provisions.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for mischief and uttering threats.

The accused, diagnosed with Schizoaffective Disorder and Substance Use Disorder, had recently transitioned to independent living and maintained abstinence from substances.

The Board accepted the joint submission of the parties, supported by psychiatric evidence, finding that the accused continues to pose a significant threat to public safety.

A detention disposition was maintained, but conditions were varied to remove the abstain clause to test his internal motivation, while retaining a residential treatment clause and modifying pass privileges to support his ongoing community reintegration.

The accused was found not criminally responsible on account of mental disorder for dangerous operation of a motor vehicle causing bodily harm and other offences.

At the initial Ontario Review Board hearing, the Board found that the accused continued to pose a significant threat to the safety of the public.

Accepting the joint recommendation of the parties and the hospital, the Board ordered a conditional discharge to allow for further diagnostic assessment and treatment in the community.

The accused was found not criminally responsible for aggravated assault after stabbing a stranger.

At his initial Ontario Review Board hearing, the hospital and Crown sought a detention order, which the accused did not oppose.

The Board heard psychiatric evidence that the accused has a complex mental disorder, a strong history of substance abuse, and requires further psychoeducation and treatment.

Finding that the accused poses a significant threat to public safety and that a conditional discharge would be inadequate to manage his risk of decompensation, the Board ordered his continued detention at the hospital.

The Ontario Review Board held a mandatory annual review for an accused found not criminally responsible for criminal harassment and other offences.

The hospital recommended continuing the detention order but deleting conditions prohibiting contact with the victim, noting the accused's stability and lack of delusions.

The Crown opposed deleting the conditions.

The Board concluded the accused remains a significant threat to public safety and maintained all conditions, including the no-contact provisions, citing the seriousness of the offences, the accused's limited insight, and the lack of updated information regarding the victim.

The accused was found unfit to stand trial on charges including sexual assault and resisting a peace officer.

The Ontario Review Board held a hearing to determine his fitness and appropriate disposition.

The Board found that while his symptoms were improving with clozapine, he remained unfit to stand trial due to thought disorganization and rigid thinking that impaired his ability to meaningfully participate in a complex sexual assault trial.

The Board ordered a detention disposition with privileges, as his medication was not yet optimized and he lacked community support.

The Ontario Review Board held an initial hearing for an accused found unfit to stand trial on charges including assaulting police with a weapon and dangerous driving.

The accused, diagnosed with Schizophrenia, continued to experience grandiose and persecutory delusions and believed his charges had been withdrawn.

Applying the contextual test for fitness, the Board found the accused remained unable to conduct a defence or instruct counsel due to his mental disorder.

Concluding that the accused posed a significant threat to public safety and lacked community supports, the Board ordered his detention in hospital with privileges for indirectly supervised entry into the community.

The Ontario Review Board held a mandatory hearing to review the accused's fitness to stand trial and her Disposition regarding a charge of attempted murder.

The attending psychiatrist testified that the accused remains unfit to stand trial due to cognitive impairments and symptoms, but suggested she may have been misdiagnosed with an intellectual disability and could potentially regain fitness with trauma-informed treatment.

The Board found the accused remains unfit to stand trial and ordered the continuation of her Detention Order, while expanding her geographic area for community living to the province of Ontario to facilitate future supported housing placements.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for break and enter with intent.

The accused has a history of schizoaffective disorder, personality disorders, and substance abuse.

The treatment team reported improvements in the accused's insight and medication compliance, and recommended continuing the Detention Order with increased privileges, including indirectly supervised passes and community living.

The Board found that the accused continues to pose a significant threat to public safety and ordered the continuation of the Detention Order with the recommended additional privileges to assist with gradual community reintegration.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for dangerous operation, break and enter, and assault.

The accused, diagnosed with Bipolar Disorder, had recently stabilized following medication optimization, including a long-acting injectable antipsychotic.

The Board accepted the attending psychiatrist's evidence that while the accused's risk had lowered, he continued to pose a significant threat to public safety due to his history of decompensation, non-compliance, and the recency of his improvements.

The Board ordered the continuation of the Conditional Discharge with modifications, removing the residence and abstain conditions and reducing reporting requirements, but retained the no-contact conditions regarding the victims.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for weapons and threat offences.

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

The Board found that the accused, who suffers from treatment-resistant schizoaffective disorder and lacks insight into his illness, continues to pose a significant threat to public safety.

The Board ordered the continuation of the detention order, finding it to be the least onerous and least restrictive disposition necessary to manage his risk.

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

The hospital and the Attorney General recommended a continuation of the Detention Order with expanded privileges, including the removal of the substance abstain clause to test the accused's ability to cope in the community.

The accused's counsel agreed with the joint submission.

The Board found that the accused continues to pose a significant threat to public safety due to her severe mental illness, history of substance abuse, and underdeveloped insight.

The Board ordered the continuation of the Detention Order with the recommended changes, and directed the preparation of a Gladue Report for the next hearing.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for breaking and entering.

The accused, diagnosed with schizophrenia and substance use disorder, had been abstinent for eight years and sought the removal of the abstain clause from his disposition.

The Board found that the accused continues to pose a significant threat to public safety due to his underdeveloped insight and history of substance abuse linked to his offending behaviour.

The Board ordered the continuation of the detention order with added indirectly supervised passes and an expanded geographical area for community living, but declined to remove the abstain clause, finding it necessary to support his reintegration and protect the public.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for mischief and failing to comply with a release order.

The accused, diagnosed with schizophrenia and substance use disorders, had recently been involved in methamphetamine use on the hospital unit.

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

The Board ordered a continuation of the detention order with the addition of indirectly supervised passes to allow for gradual community reintegration.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for criminal harassment and failing to comply with court orders.

The accused, diagnosed with Delusional Disorder, continues to experience fixed delusions regarding his ex-wife and lacks insight into his illness.

The Board accepted the joint submission and the attending psychiatrist's evidence that the accused remains a significant threat to public safety.

The Board ordered the continuation of the Detention Order with added privileges for indirectly supervised passes and community living to facilitate gradual reintegration.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for assault with a weapon.

The accused had recently experienced a restriction of liberties after testing positive for fentanyl and cannabis, accompanied by signs of mental decompensation.

The Board found that the accused continues to pose a significant threat to public safety due to his schizophrenia, substance use disorders, and history of non-adherence to treatment.

The Board ordered the continuation of his detention at the hospital with minor modifications to his pass privileges, and confirmed that the recent restriction of his liberties was necessary and appropriate.

The Ontario Review Board held a mandatory annual review hearing for the accused, who was previously found unfit to stand trial on charges including sexual assault and criminal harassment.

The accused is currently diagnosed with schizophrenia, substance use disorder, and an intellectual disability.

Based on the evidence of the treating psychiatrist, the Board found that the accused continues to be unfit to stand trial as he does not understand the nature or object of the proceedings or the possible consequences.

The Board ordered that the accused remain subject to a detention order at the hospital, finding that he continues to pose a significant threat to public safety and requires close supervision.

The Ontario Review Board conducted an annual review for an accused previously found not criminally responsible for uttering threats, assaulting a peace officer, and escaping lawful custody.

The accused, diagnosed with schizophrenia and substance use disorder, had demonstrated sustained stability, abstinence from substances, and compliance with treatment while living in the community.

The Board, applying the Winko framework, concluded that the accused no longer posed a significant threat to the safety of the public and granted an absolute discharge.

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

The accused, who suffers from chronic, treatment-resistant schizophrenia, did not attend the hearing but was represented by counsel.

The Board accepted the joint submission of the parties and the evidence of the treating psychiatrist that the accused continues to represent a significant threat to public safety due to ongoing psychotic symptoms, medication nonadherence, and lack of insight.

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

The Ontario Review Board held a hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for assault causing bodily harm.

The accused, diagnosed with schizophrenia, had recently experienced a decline in physical health and cognition, leading to falls and a brief unauthorized absence from his long-term care home, resulting in readmission to the hospital.

The Board found that the accused continues to pose a significant threat to public safety due to his major mental illness, lack of insight, and need for supervision.

The Board ordered the continuation of the current conditional discharge without changes, finding it to be the least onerous and least restrictive disposition.