E. Siebenmorgen

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

The accused was previously found not criminally responsible for attempted murder and assault with a weapon.

The hospital and Crown recommended continuing the detention order, while the accused sought a conditional discharge.

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

However, noting his sustained psychiatric stability, abstinence from substances, and successful transition to independent community housing, the Board concluded that a conditional discharge with strict conditions was the least onerous and least restrictive disposition necessary to manage his risk.

The Ontario Review Board conducted a hearing to review a Restriction of Liberty (ROL) imposed on the accused, who was detained at a psychiatric hospital.

The accused had experienced a decompensation in his mental status, leading to unprovoked assaults on co-patients and placement in seclusion.

The hospital subsequently transferred him to a Secure Observation and Treatment Unit (SOTU) and administered electroconvulsive therapy.

The Board found that the ROL commenced on April 20, 2025, and ended on August 26, 2025, and unanimously concluded that the increased liberty restrictions were warranted and represented the least restrictive options available to the hospital.

The hospital requested an early review of the accused's Disposition to permit him to travel to Montreal to attend his aunt's funeral.

The accused had previously been found not criminally responsible for assault offences.

The attending psychiatrist testified that a previous travel pass had occurred without issue and supported the proposed travel plan.

The Ontario Review Board accepted the joint recommendation of the parties and amended the Disposition to permit the travel, accompanied by his parents, without altering the scheduled annual review date.

The accused, who was found not criminally responsible for sexual assault and an indecent act, was detained at a psychiatric hospital.

The hospital placed him in seclusion for twelve days due to escalating psychotic symptoms and aggression, triggering a mandatory restriction of liberty review by the Ontario Review Board.

The Board determined it lacked jurisdiction to review the restriction because, at the time of the seclusion, the hospital was operating under a Court disposition rather than a Board disposition.

Despite the jurisdictional bar, the Board noted that while the initial seclusion was justified, the prolonged twelve-day seclusion was not the least onerous or least restrictive measure available.

The hospital requested an early review of the Disposition for an accused found not criminally responsible, seeking his transfer to a high-secure forensic facility.

The request followed an incident where the accused assaulted a co-patient and engaged in a violent standoff with police on the hospital unit.

The Ontario Review Board found that the accused remained a significant threat to public safety and that his risk could no longer be safely managed at the current hospital.

The Board ordered a Detention Order directing his transfer to a maximum-security facility.

The accused was found not criminally responsible for second-degree murder and breaking and entering.

At his initial disposition hearing before the Ontario Review Board, the hospital and the accused sought a detention order with privileges including indirectly supervised passes into the community.

The Attorney General opposed the indirectly supervised passes.

The Board ordered a detention order but denied the indirectly supervised community passes, finding them premature given the accused's limited insight into his psychotic symptoms, the high risk of relapse, and the short period of observation at the hospital.

The accused, previously found not criminally responsible for assault with a weapon and other offences, had his disposition reviewed by the Ontario Review Board.

The Hospital and the accused recommended an Absolute Discharge, while the Crown sought a Conditional Discharge.

The Board found that the accused continues to represent a significant threat to public safety due to his history of severe substance-induced psychosis and violence.

The Board ordered a Conditional Discharge with terms including monitoring for substance use and weapons prohibitions.

The Ontario Review Board held a mandatory annual review for an accused found not criminally responsible for failure to comply with release orders, mischief, and criminal harassment.

The accused suffers from bipolar disorder and severe alcohol use disorder.

The Board accepted the treating psychiatrist's evidence that the accused has limited insight into his alcohol use and its connection to his risk.

The Board found the accused continues to pose a significant threat to public safety and ordered his continued detention at the hospital, while amending his disposition to expand the geographical area for potential community accommodation and to allow escorted passes to his home.

The Ontario Review Board held a mandatory hearing to review the disposition of an accused found not criminally responsible for second-degree murder and other offences.

The accused's index offences were driven by a psychotic episode caused by undiagnosed multiple sclerosis.

The majority of the Board found that the accused's multiple sclerosis is now well-managed with medication, and the risk of a future psychotic episode is low.

Concluding that the accused no longer poses a significant threat to public safety, the Board granted an absolute discharge.

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

The accused had suffered a severe traumatic brain injury prior to the index offence, which likely precipitated a psychotic episode.

The Board found that the accused has been stable, medication adherent, and supported by his family and community services.

Applying the threshold from Winko, the Board concluded that the accused no longer represents a significant threat to the safety of the public and ordered an absolute discharge.

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

The accused, who was previously found not criminally responsible for various offences including aggravated assault, is currently subject to a detention order at a psychiatric hospital.

The accused requested an amendment to his disposition to allow for the use of cannabis from a government-authorized retailer.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his brittle schizophrenia, history of non-adherence with medication, and vulnerability to substance use.

The Board concluded that allowing cannabis use would not be a good risk management strategy and ordered no change to the current detention disposition.

The Ontario Review Board held a hearing to review the disposition and fitness to stand trial of a youth accused of various offences including assault and weapons possession.

The youth, diagnosed with schizophrenia and mild intellectual disability, had been previously found unfit.

The Board found that the youth remains unfit to stand trial, as his cognitive processing and executive functioning remain impaired despite improvements from medication.

The Board ordered a Detention Order at the youth centre with privileges including community living in approved accommodation and seven-day accompanied travel passes, and directed the preparation of a Gladue Report.

The Ontario Review Board held a hearing to review a significant increase in the restrictions on the liberties of an accused found not criminally responsible for arson.

The accused, who was living in the community, was readmitted to the hospital after testing positive for cocaine, violating the abstinence condition of his disposition.

The Board found that the readmission constituted a significant increase in restrictions on his liberty, but concluded that the hospital's actions were warranted and represented the least onerous and least restrictive measures available to manage his risk to public safety.

The Ontario Review Board held a hearing to review a significant increase in the restrictions on the liberties of an NCR accused, who had been readmitted to the hospital after an unauthorized leave of absence.

The accused had travelled out of province without permission and admitted to using cannabis, which exacerbated his schizophrenia symptoms.

The Board found that the hospital's actions in readmitting and detaining the accused constituted a significant increase in restrictions, but that these measures were warranted and represented the least onerous and least restrictive means to manage his risk to public safety.

The accused, previously found not criminally responsible for second-degree murder, was subject to an annual review of his Conditional Discharge.

The Ontario Review Board considered whether he continued to pose a significant threat to public safety.

Relying on a joint submission and psychiatric evidence, the Board found that the accused's schizophrenia and history of violence necessitated ongoing supervision to ensure medication compliance, especially following the recent death of his mother who had been his primary support.

The Board concluded the accused remained a significant threat and ordered the continuation of his Conditional Discharge with existing conditions.

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

The accused, diagnosed with schizophrenia, had been living successfully in the community for several years and maintained medication compliance despite lacking insight into his illness.

The Board applied the Winko framework and found that the evidence did not establish that the accused continued to pose a significant threat to the safety of the public.

The Board granted an absolute discharge, noting the accused's stable housing, ongoing support from community mental health teams, and the absence of any attempts to contact the victim.

The Ontario Review Board held a hearing to review a significant increase in the restrictions on the liberties of an accused found not criminally responsible.

The hospital had placed the accused in seclusion and locked his room after he engaged in an unprovoked, violent attack on a co-patient due to auditory hallucinations.

The Board found that the hospital's actions constituted a significant increase in liberty restrictions, but concluded that the measures were warranted, justified, and represented the least onerous means of managing the accused's risk to public safety.

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

The accused, diagnosed with schizophrenia, had a history of non-compliance with medication and violence towards animals.

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

The Board ordered a continuation of the Detention Order with expanded privileges, including the possibility of community living in approved accommodation, noting the accused's recent progress and medication adherence while in the hospital.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for criminal harassment and related offences.

The accused suffers from schizophrenia and a cannabis use disorder, and experiences treatment-resistant delusional beliefs.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his lack of insight, stated intention to discontinue medication, and risk of resuming cannabis use.

The Board concluded that a Conditional Discharge was inadequate to manage his risk and ordered a continued Detention Order with unchanged terms to support his gradual transition to community living.

The Ontario Review Board held a mandatory review hearing for an accused found not criminally responsible for possession of a weapon for a dangerous purpose.

The accused had a lengthy history of mental illness, substance abuse, and antisocial personality disorder, marked by repeated rule violations and bringing contraband into the hospital.

The Board accepted the joint submission of the parties, finding that the accused continued to represent a significant threat to the safety of the public.

A Detention Order was maintained as the necessary and appropriate disposition, being the least onerous and least restrictive option available to manage the accused's risk.