D. Smith

The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found unfit to stand trial on charges including break and enter and mischief.

Relying on psychiatric evidence, the Board found that the accused remains unfit to stand trial, likely permanently, due to intellectual disability and severe anxiety that prevent her from understanding court processes.

Balancing the accused's liberty interests with public safety, the Board concluded that she continues to pose a significant threat to the public and ordered the continuation of her detention order at the psychiatric hospital, with provisions for supervised community access.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for arson and assault of peace officers with a weapon.

The accused, diagnosed with schizophrenia and substance use disorders, had shown clinical stability and improvement in a structured hospital setting.

However, the Board found that he continues to pose a significant threat to public safety due to his history of violence, untreated psychosis, and the lack of established long-term medication adherence in the community.

The Board concluded that the least onerous and least restrictive disposition is a continuation of the existing detention order, with privileges up to and including living in approved, supervised community accommodations.

The Ontario Review Board conducted a mandatory review of the disposition for an accused found not criminally responsible for assault.

The accused, diagnosed with Schizoaffective Disorder and Polysubstance Abuse Disorder, is currently detained at a mental health centre.

The Board found that the accused continues to pose a significant threat to public safety due to persistent psychotic symptoms, limited insight, and the risk of medication non-compliance if discharged.

The Board ordered the continuation of the current detention order with existing community privileges, finding it to be the least onerous and least restrictive disposition.

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

The accused, diagnosed with schizoaffective disorder and paraphilia, continues to experience chronic paranoid delusions, hallucinations, and episodes of agitation despite treatment, including electroconvulsive therapy.

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

Concluding that the current disposition is the least onerous and least restrictive option, the Board ordered the accused's continued detention at the high secure forensic hospital.

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

The accused, diagnosed with treatment-resistant schizophrenia, continues to experience persistent psychotic symptoms and refuses clozapine or electroconvulsive therapy.

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

Applying the least onerous and least restrictive principle, the Board concluded that continued detention in the high secure forensic program at Waypoint Centre for Mental Health Care remains the necessary and appropriate disposition.

The Ontario Review Board held a hearing to review the disposition of the accused, who was previously found unfit to stand trial on charges of sexual assault and assault.

The accused suffers from schizophrenia, intellectual disability, and a traumatic brain injury.

Applying the test from R. v. Bharwani, the Board found the accused remains permanently unfit to stand trial as he lacks a basic, reality-based understanding of the proceedings.

Given his ongoing psychotic symptoms, cognitive deficits, and risk of sudden behavioural escalation, the Board concluded he presents a significant threat to public safety and ordered his continued detention at a high-secure forensic hospital.

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

The accused, diagnosed with schizophrenia, had been living in a group home and demonstrated clinical stability over the review period.

All parties made a joint submission for a conditional discharge.

The Board found that while the accused continues to pose a significant threat to public safety, the risk is manageable in the community.

The Board ordered a conditional discharge with specified conditions.

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

The accused, who suffers from treatment-refractory schizophrenia, was previously found unfit to stand trial on charges including arson and assault.

The Board found that the accused remains unfit to stand trial as his psychotic symptoms prevent him from having a reality-based understanding of the proceedings or communicating with counsel.

However, noting improvements in his behavioural control and impulse management, the Board ordered his transfer from a high-secure forensic hospital to a medium-secure facility, with privileges to access the community accompanied by staff.

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

The accused, diagnosed with schizophrenia and intellectual disability, had recently experienced physical health issues requiring reductions in antipsychotic medications, leading to increased aggression and impulsivity.

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

The Board ordered the continuation of the current detention order without change, concluding it was the least onerous and least restrictive disposition necessary to manage his risk and medical needs.

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

The accused, who suffers from schizophrenia and an acquired brain injury, is currently detained at Waypoint Centre and awaiting transfer to CAMH.

The Board found that the accused continues to pose a significant threat to public safety due to ongoing symptoms, limited response to treatment, and persistent sexualized behaviours.

The Board ordered the continuation of the current detention order and noted it lacks jurisdiction to compel CAMH to expedite the transfer absent a Charter application.

The hospital notified the Ontario Review Board of a restriction of the accused's liberty lasting over seven days due to his placement in seclusion.

The accused, who was found not criminally responsible for assault with a weapon, became aggressive and uncooperative with staff, leading to his seclusion.

The Board held a hearing and found that the restriction of liberty was necessary and appropriate for the safety of the public and represented the least onerous and least restrictive measure available at the time it was imposed and throughout its duration.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for robbery and manslaughter and designated as a high-risk accused.

The Board found that the accused continues to represent a significant threat to public safety due to his treatment-refractory schizoaffective disorder and substance use disorders.

The Board ordered the continuation of his detention at a high-secure facility but amended the disposition to remove absences for 'compassionate' and 'legal' purposes to comply with the restrictions on high-risk accused under s. 672.64(3) of the Criminal Code.

The Ontario Review Board conducted an annual review and a restriction of liberties review for an accused found not criminally responsible for uttering threats and possession of a weapon for a dangerous purpose.

The accused, who suffers from schizoaffective disorder and substance use disorders, had been readmitted to the hospital after becoming disorganized and entering a stranger's car.

The Board found that the accused continues to pose a significant threat to public safety due to his fragile insight and risk of decompensation when non-adherent to medication.

The Board ordered the continuation of the current detention order and found the restriction of his liberties upon readmission to be necessary and appropriate.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for two counts of second-degree murder.

The accused had recently assaulted his attending psychiatrist with a concealed weapon and remained in seclusion, refusing to engage with treatment staff while researching knives on the internet.

The Board accepted the joint submission of the parties and the evidence of the attending psychiatrist, finding that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order at the high-secure provincial forensic program without change.

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

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

Relying on the hospital report and the testimony of the accused's treating physician, the Board found that the accused's mental health was stable, he was compliant with treatment, and he had robust protective factors.

The Board concluded the accused no longer represented a significant threat to the safety of the public and ordered an absolute discharge.

The Ontario Review Board held a hearing to review the restriction of liberty of the accused, who was secluded at a mental health facility for over a month following aggressive and non-compliant behaviour.

The accused, diagnosed with schizophrenia, had been unmedicated and refused seclusion relief or communication with staff.

The Board found that the seclusion was a significant departure from his liberty norm but concluded it was necessary and appropriate for the safety of the public, representing the least onerous and least restrictive measure available at the time.

The Ontario Review Board held an annual review hearing for an accused found unfit to stand trial on a charge of second degree murder.

The accused suffers from schizophrenia and autism spectrum disorder.

The Board found that the accused remains unfit to stand trial and continues to pose a significant threat to public safety.

However, as the accused's symptoms are currently managed with long-acting injectable medication and he has not exhibited aggressive behaviour, the Board ordered his transfer from a high-security forensic hospital to a less secure forensic facility, representing the least onerous and least restrictive disposition.

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

The accused, diagnosed with treatment-resistant schizoaffective disorder, did not attend the hearing due to the risk of violent behaviour.

The Board found that the accused continues to pose a significant threat to public safety due to ongoing regressive behaviours, a history of aggression, and persistent psychiatric symptoms requiring seclusion.

The Board ordered that the accused remain detained at the high-secure forensic hospital, concluding that a less secure environment would be inappropriate and unsafe.

The Ontario Review Board conducted a mandatory review of the disposition for Hung Van Nguyen, who was previously found not criminally responsible for sexual offences.

The Board found that Mr. Nguyen continues to pose a significant threat to public safety due to his history of schizophrenia, non-compliance, and potential for impulsivity.

However, noting his significant progress, medication compliance, and agreement to anti-androgen therapy, the Board determined that his continued detention in a high-secure setting at Waypoint is no longer necessary.

Applying the principle of the least onerous and least restrictive disposition, the Board ordered Waypoint and CAMH to facilitate his transfer to a less secure setting at CAMH no later than April 30, 2026, failing which a pre-hearing conference must be held to address the delay.

The Ontario Review Board held a hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for assault with a weapon and assaulting police officers.

The Hospital and the Attorney General argued that the accused continues to pose a significant threat to public safety and requires ongoing monitoring, while the accused sought an absolute discharge.

The Board found that the accused's history of non-compliance with medication, lack of engagement with recommended therapies, and the severity of the index offences indicate a continuing significant threat.

The Board ordered a continuation of the conditional discharge with increased travel privileges.