Hon. N. Kozloff

The Ontario Review Board conducted an annual review of the Disposition for an accused found not criminally responsible for indecent acts and failing to comply with orders.

The accused, diagnosed with pedophilic disorder, exhibitionistic disorder, and mild intellectual developmental disorder, sought a conditional discharge and removal of a no-contact clause regarding children.

Relying on uncontroverted expert psychiatric evidence, the Board found the accused continues to pose a significant threat to public safety due to his lack of insight, stated intention to stop medication if discharged, and high risk of reoffending.

The Board ordered the continuation of the existing Detention Order, requiring 24-hour supervised accommodation.

The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found not criminally responsible for assault and uttering threats.

The accused, who has schizophrenia and a history of substance abuse, had recently eloped from the hospital for six months, during which he stopped his medication and relapsed into substance use.

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

The Board ordered that the accused remain detained at the hospital with privileges up to and including living in the community in approved supervised accommodation.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder due to schizophrenia.

The Board found that the accused continues to represent a significant threat to public safety, as he would likely disengage from services and become non-compliant with medication without external monitoring.

However, noting his progress, medication adherence, and abstinence from substances in the community, the Board ordered a conditional discharge as the least onerous and least restrictive disposition.

The Ontario Review Board conducted an annual review and a Restriction of Liberty hearing for an accused found unfit to stand trial on a charge of sexual assault.

The hospital had restricted the accused's liberty by readmitting him to re-stabilize his medication after he decompensated in the community.

The Board found the restriction of liberty was necessary and appropriate.

Applying the test from R. v. Bharwani, the Board concluded the accused remains permanently unfit to stand trial due to severe schizophrenia and thought disorder.

The Board further found the accused continues to pose a significant threat to public safety and ordered the continuation of his Detention Order.