Eric Siebenmorgen

The hospital requested an early review hearing for an accused previously found not criminally responsible for arson.

The accused had been living in the community under a Conditional Discharge but recently relapsed into methamphetamine use, lost his employment, and experienced an exacerbation of psychotic symptoms requiring multiple involuntary hospital admissions.

The Ontario Review Board found that the accused represents a significant threat to public safety and that a Detention Order is the necessary and appropriate disposition to manage his risk.

The accused was found not criminally responsible on account of mental disorder for criminal harassment and sending an indecent communication.

The Ontario Review Board held an initial disposition hearing to determine whether the accused represented a significant threat to the safety of the public.

The Board found that the accused, who is diagnosed with schizophrenia, continues to pose a significant threat due to the risk of recurring psychosis and harassing behaviour if he were to discontinue his medication.

The Board ordered a Conditional Discharge with terms including a geographic restriction and a requirement to disclose any dating or intimate relationships to the hospital.

The Ontario Review Board conducted an annual review and a Restriction of Liberty hearing for an accused found not criminally responsible for robbery and using an imitation firearm.

The accused had been placed in locked seclusion after brandishing a pencil as a weapon and expressing violent intent towards staff while experiencing active psychosis and refusing medication.

The Board found that the initial and ongoing restrictions of liberty were warranted, necessary, and the least restrictive options available.

Relying on uncontroverted expert psychiatric evidence, the Board concluded that the accused continues to pose a significant threat to public safety and ordered the continuation of his Detention Order.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for violent offences against his mother.

The accused, who suffers from treatment-refractory schizophrenia, had been living in a supervised community residence and sought a Conditional Discharge.

The Hospital and the Attorney General sought a continued Detention Order, arguing it was necessary to manage his risk and ensure a quick return to the hospital if he decompensated.

The Board found that the accused continues to represent a significant threat to public safety but concluded that his risk could be safely managed under a Conditional Discharge.

The Board imposed conditions including a specified residence, medication adherence, and Young clauses requiring him to return to the hospital for assessment or admission if directed.

The Hospital sought an early hearing before the Ontario Review Board, arguing that the accused, previously found unfit to stand trial on charges including sexual assault, was now fit.

The accused's attending psychiatrist testified that his symptoms of schizophrenia and possible Huntington's Disease had improved significantly with clozapine, restoring his ability to understand the proceedings and instruct counsel.

The Board accepted this undisputed evidence and found the accused fit to stand trial.

The Board ordered him returned to court and noted that he would remain detained at the hospital under the existing disposition pending the court's determination of his fitness, making a separate 'keep fit' order unnecessary.

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

The accused, who has schizophrenia, committed the index offence while experiencing command hallucinations.

The Board found that the accused continues to represent a significant threat to public safety, noting that his stability relies on medication adherence and the structured hospital environment.

The Board ordered the continuation of the Detention Order, but granted expanded community privileges, including indirectly supervised passes and the possibility of living in approved supervised accommodation, as jointly recommended by the parties.

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

The accused, who suffers from treatment-resistant schizophrenia and a severe substance use disorder, sought the removal of a cannabis prohibition from his disposition.

The Hospital and Attorney General opposed the removal, with the Attorney General also seeking a transfer to a secure forensic unit.

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

The Board ordered a Detention Order with no changes, maintaining the accused on a general forensic unit where his risk could be safely managed while facilitating vocational opportunities.

The Board also maintained the absolute prohibition on cannabis use, accepting psychiatric evidence that cannabis consumption elevated the accused's risk of breakthrough psychosis and aggression.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for assault causing bodily harm and other offences.

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

However, noting his positive progress, medication adherence, and strong family support, the Board ordered a continued Detention Order with expanded community privileges, including up to 72-hour passes and the possibility of community living in approved accommodation.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for two counts of sexual assault.

The accused, diagnosed with schizophrenia, had been living with his family and maintaining medication compliance.

The attending psychiatrist testified that the accused's risk of sexual recidivism was very low and that he did not pose a significant threat while supported by his family.

Applying the Winko framework, the Board concluded it could not affirmatively find that the accused continues to represent a significant threat to the safety of the public.

The accused was granted an absolute discharge.

The Ontario Review Board conducted an annual review and a restriction of liberties hearing for an accused found not criminally responsible for arson.

The hospital had readmitted the accused from the community due to decompensation linked to cigarette smoking, which lowered his clozapine levels.

The Board found the readmission was warranted and the least restrictive measure available to manage his risk.

The Board also concluded that the accused continues to pose a significant threat to public safety due to his treatment-refractory schizoaffective disorder, history of medication non-compliance, and risk of rapid decompensation.

A Detention Order was maintained.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for assault with a weapon and other offences.

The accused, who has a long history of untreated schizophrenia and homelessness, sought an absolute discharge.

The hospital and Crown sought a continuation of the detention order.

The Board found that the accused continues to represent a significant threat to public safety, as she would likely decompensate and become violent if discharged without stable housing and psychiatric support.

The Board ordered a continued Detention Order with unchanged terms as the least onerous and least restrictive disposition.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for flight from a peace officer and dangerous operation of a motor vehicle.

The accused has diagnoses of schizophrenia and polysubstance use disorder.

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

The Board ordered that the accused remain detained at the hospital with the same privileges as the previous disposition.

The Board also considered whether to order a Gladue Report given the accused's Indigenous heritage, but declined to do so at this time, noting the extensive information already available and the accused's hesitation to participate in the potentially intrusive process.

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

The accused was previously found not criminally responsible for assault and failure to comply with probation.

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

The Board ordered a conditional discharge on the same terms as the previous disposition, noting the accused's progress and abstinence from substances.