D. Smith

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment and mischief.

The accused, diagnosed with Bipolar Disorder, had been managed in the community on a conditional discharge but continued to experience seasonal fluctuations in mental status requiring significant support.

Accepting the joint submission of the parties and the evidence of the treating psychiatrist, the Board found the accused remained a significant threat to public safety.

The Board ordered the continuation of the conditional discharge with a modified reporting requirement.

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 schizophrenia, a neurocognitive disorder, and antisocial personality disorder, sought to reside in the community with his mother.

The hospital and the Attorney General submitted that he should continue to reside at his current highly supervised residence.

The Board found that the accused remains a significant threat to public safety due to his cognitive challenges and history of aggressive behaviour.

The Board ordered the continuation of the current detention order, concluding that the accused requires significant day-to-day support and supervision that his mother could not provide.

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

The accused suffers from a treatment-refractory schizoaffective disorder and experienced significant decompensation over the past year due to medication noncompliance, requiring multiple periods of seclusion.

The Board accepted the joint submission that the accused remains a significant threat to public safety and ordered the continuation of his detention at Waypoint Centre for Mental Health Care with grounds privileges.

The Ontario Review Board conducted an annual review and a restriction of liberty review for an accused found not criminally responsible for second-degree murder.

The accused, diagnosed with treatment-resistant schizophrenia, had been placed in seclusion for over seven days due to aggressive behaviour and medication noncompliance.

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

The Board concluded that the initial decision to seclude the accused and the ongoing restriction of liberty were necessary, appropriate, and represented the least restrictive measures available to manage his risk.

The Board ordered the continuation of the current detention order at the high secure forensic program.

The Ontario Review Board held a hearing to determine whether the accused, previously found unfit to stand trial on multiple assault charges, remained unfit.

Relying on the testimony of the treating psychiatrist and the framework established in R. v. Bharwani, the Board concluded that the accused now has a reality-based understanding of the charges and court process.

The Board found the accused fit to stand trial and ordered his return to court.

The accused, diagnosed with schizophrenia, appeared before the Ontario Review Board for a mandatory review of his disposition.

He was previously found unfit to stand trial on charges including criminal harassment and uttering threats.

Applying the fitness test from R. v. Bharwani, the Board found that the accused's ongoing delusions and thought disorder prevented him from making reality-based decisions or communicating effectively with counsel.

The Board concluded he remains unfit to stand trial and poses a significant threat to public safety.

His detention order at Waypoint Centre for Mental Health Care was maintained, with expanded community pass privileges and a non-communication order regarding the complainants, pending his transfer to CAMH.

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

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

The Board accepted evidence that the accused's symptoms were in sustained remission, he had strong insight into his illness, and he was compliant with treatment.

Finding that the onerous threshold for significant threat was not met, the Board ordered an absolute discharge.

The Ontario Review Board held a mandatory annual hearing for an accused found not criminally responsible for firearms and threat offences.

The accused, diagnosed with bipolar disorder and cannabis use disorder, had been living in the community under a detention order.

The Board accepted the treating psychiatrist's evidence that the accused's pattern of decompensation is unknown and that he would likely not seek voluntary admission if his mental state deteriorated.

Finding that the accused continues to represent a significant threat to public safety, the Board maintained the detention order to ensure the treatment team's ability to admit him expeditiously if needed, while granting new privileges for out-of-province travel to visit family.

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

The accused was previously found not criminally responsible for assault with a weapon and other offences.

The Board found that the accused continues to pose a significant threat to the safety of the public due to his schizoaffective disorder and vulnerability to substance use when unwell.

However, noting his stability and progress in a highly structured environment, the Board ordered his transfer from a maximum secure facility to the general forensic program at Ontario Shores.

The Ontario Review Board held a hearing to determine whether the accused, who had previously been found unfit to stand trial on various property and breach charges, was now fit.

Based on the testimony of the treating psychiatrist, the Board found that the accused's mental state had stabilized with medication and abstinence from substances, giving her a reality-based understanding of the proceedings and the ability to instruct counsel.

The Board declared the accused fit to stand trial and issued a keep fit order to ensure she remains in hospital to maintain her fitness until her court appearance.

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

The accused was previously found not criminally responsible for assault and other offences.

The parties made a joint submission that the accused continues to pose a significant threat to public safety.

The Board accepted the joint submission, noting the accused's diagnoses of schizophrenia and alcohol use disorder, and ordered the maintenance of the current detention order with permission to live in approved community accommodation.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for arson and breach of probation.

The accused, diagnosed with schizoaffective disorder and substance use disorder, requested a transfer to Providence Care to be closer to family.

The Board found that the accused continues to pose a significant threat to public safety due to a history of non-compliance and risk of substance relapse.

The Board ordered a continued detention disposition and approved the transfer to Providence Care, with the current hospital retaining residual authority pending the transfer.

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

The accused sought an absolute discharge, while the hospital and the Attorney General supported maintaining the current conditional discharge.

The Board found that the accused continues to pose a significant threat to public safety due to his fragile mental health, reliance on the treatment team, and risk of relapse into psychosis if unsupervised.

The Board ordered a conditional discharge but removed the consent to treatment provision, noting the accused's demonstrated cooperation with his treatment team.

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

The accused has diagnoses of schizophrenia, substance use disorder, and fetal alcohol spectrum disorder.

The Board accepted the joint submission of the parties, supported by the treating psychiatrist's evidence, that the accused continues to pose a significant threat to public safety.

The Board ordered the maintenance of the current detention order at the hospital, noting the plan to transition the accused to a supervised group home once approved.

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

The Board accepted the joint submission of the parties that the accused continues to pose a significant threat to the safety of the public due to her history of major mental illness, substance abuse, and non-compliance with treatment.

The Board ordered that the accused remain subject to a detention order at the hospital, with a minor amendment to the community living provision to expand the catchment area for potential housing.

The Ontario Review Board held a mandatory annual hearing for an accused previously found unfit to stand trial on charges of criminal harassment and invitation to sexual touching.

The accused, who has a moderate intellectual disability, resides in a specialized hospital unit.

The Board accepted the joint submission and psychiatric evidence that the accused remains permanently unfit to stand trial.

Considering the paramount need to protect the public and the accused's ongoing need for 24-hour support and risk management, the Board maintained the current detention order with permission to live in approved supervised community accommodation.

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

The accused, previously found not criminally responsible for arson, had been subject to a detention order.

While the treating psychiatrist and the Hospital recommended continuing the detention order due to recent gambling and rule breaches, the majority of the Board found that the accused's risks were well-managed at her transitional residence.

Noting her five years of sobriety and overall positive trajectory, the majority ordered a Conditional Discharge.

A dissenting member would have maintained the detention order.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault with a weapon and assaulting a peace officer.

The accused, diagnosed with schizoaffective disorder and substance use disorder, had made significant progress in a transitional facility.

However, based on uncontroverted psychiatric evidence, the Board found the accused remained a significant threat to public safety due to the risk of decompensation.

The Board ordered the continuation of the current detention disposition on a joint submission from all parties.

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

The accused was previously found not criminally responsible for uttering threats and criminal harassment.

The Board found that the accused continues to represent a significant threat to the safety of the public due to schizophrenia and substance use disorder.

The Board ordered the continuation of the current detention order, noting that while the accused has made progress, he requires close monitoring and supervision to manage his risk.

The Ontario Review Board conducted an annual review and a restriction of liberties hearing for an accused found not criminally responsible for assault with a weapon and uttering threats.

The accused, diagnosed with schizophrenia and cannabis use disorder, had his community privileges restricted after an unauthorized leave of absence during which he consumed cannabis and was found in a psychotic state.

The Board found that the accused continues to pose a significant threat to public safety and ordered a continuation of his detention disposition, concluding that he requires the structured monitoring of the hospital.

The Board also held that the hospital's restriction of his liberties was not significant in the circumstances, but rather a necessary and least restrictive day-to-day management of his risk.