G. Kerry

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 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 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 an initial hearing to determine whether the accused, who had been found unfit to stand trial on charges of uttering threats and attempting to disarm a police officer, remained unfit.

The Board concluded that the accused remained unfit to stand trial due to his intellectual developmental disorder and schizoaffective disorder.

The Board ordered a detention disposition at a high-secure hospital to manage his risk of harm and support his return to fitness, and directed the preparation of a Gladue Report.

The Board also determined it lacked jurisdiction to review a prior period of seclusion, as it occurred before the Board had made a disposition.

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 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 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 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.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for mischief.

The accused, diagnosed with treatment-refractory schizophrenia, had a history of unprovoked assaults on staff and co-patients and had been in seclusion for an extended period.

The Board accepted psychiatric evidence that the accused continues to experience active psychotic symptoms and poses a chronic risk of harm to others.

The Board concluded that the accused remains a significant threat to public safety and ordered his continued detention in a high secure hospital setting as the least onerous and restrictive disposition.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for three counts of first-degree murder.

The accused, who has a complex diagnostic profile including sexual sadism and paraphilic disorders, has been detained in a high secure forensic hospital for over 40 years.

The Board found that despite his psychiatric stability and compliance with anti-androgen medication, he continues to pose a significant threat to public safety due to his deeply ingrained paraphilic disorders and lack of insight.

The Board ordered his continued detention in a high secure setting, concluding it remains the least onerous and least restrictive disposition necessary to manage his risk.

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 for an accused found unfit to stand trial on charges of sexual assault and sexual interference.

The accused, who has Down syndrome and an intellectual disability, is experiencing progressive cognitive decline.

Based on expert psychiatric evidence, the Board found that the accused remains unfit to stand trial and continues to pose a significant threat to public safety due to his cognitive limitations, impulsivity, and lack of insight.

The Board ordered a continuation of his conditional discharge with an amended residency condition to allow for 24-hour supervised accommodation in a broader catchment area, and maintained a 12-month review period to closely monitor his cognitive decline.

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 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 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 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 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.