J. Weinstein

The hospital significantly restricted the accused's liberty by transferring him from a general forensic unit to a secure forensic unit after he repeatedly absconded and used substances while on community passes.

The Ontario Review Board held a hearing under s. 672.81(2.1) of the Criminal Code to review the restriction.

The Board found that the initial and ongoing restriction of liberty was warranted, necessary for public safety, and the least onerous and least restrictive option, given the accused's calculated elopements, lack of insight, and need for a highly structured environment.

The accused, previously found not criminally responsible for multiple violent and weapons-related offences, was subject to an annual review by the Ontario Review Board.

The accused had made significant progress, maintaining stability, medication compliance, and abstinence from substances while transitioning to community living.

The Board applied the Winko test and found that while the accused remains a significant threat to public safety, the risk could be appropriately managed with a Conditional Discharge.

The Board ordered a Conditional Discharge with specific terms, including provisions for immediate return to the hospital if his mental state deteriorates.

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

The accused, diagnosed with schizophrenia, polysubstance use disorder, and antisocial personality disorder, was residing in the community under a detention order.

The Board found that the accused lacks insight into his mental illness, the need for treatment, and the gravity of his index offences.

Applying the Winko framework, the Board concluded that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the current detention order with discretionary community living privileges.

The Ontario Review Board conducted an annual review hearing for the accused, who was previously found not criminally responsible for two counts of robbery.

The Board considered expert evidence indicating that while the accused had shown improved stability and medication adherence, he continued to pose a significant threat to public safety due to his primary psychotic disorder and history of substance use.

The Board ordered the continuation of the existing Detention Order with amendments agreed upon by the parties.

The accused was previously found not criminally responsible for uttering death threats and was subject to a detention order at a psychiatric hospital.

At the annual review hearing, the Review Board considered whether the accused continued to pose a significant threat to public safety.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused's history of rapid relapse, polysubstance use, and psychotic symptomatology necessitated ongoing supervision.

The Board concluded that the accused remained a significant threat and ordered the continuation of the existing detention order.

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

The accused, diagnosed with schizophrenia, had remained stable in the community under a conditional discharge, with no incidents of violence or substance use.

The hospital and the Attorney General recommended maintaining the conditional discharge, noting that the accused's insight remained variable and a transition to a non-forensic community provider was still pending.

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

The Board ordered a conditional discharge, applying the principle of minimal intrusion, but removed the condition requiring absolute abstinence from alcohol and drugs given the accused's sustained period of abstinence.

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

The accused sought an absolute discharge, while the hospital and Attorney General sought a continuation of the detention order.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety due to a severe alcohol use disorder and organic brain injury, which predictably lead to aggression and violence when intoxicated.

The Board concluded that the necessary and appropriate disposition was to continue the detention order, as the accused requires a highly supervised environment to maintain abstinence and medication adherence.

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

The hospital had transferred the accused to a higher security unit following unprovoked assaults on staff and co-patients.

The Board found that the restriction of liberty was warranted and necessary due to the accused's unpredictable violence driven by impulsivity and autism-related deficits.

The Board concluded the accused remains a significant threat to public safety and ordered the continuation of the Detention Order.

The Board declined to remove the requirement for supervised accommodation but removed the condition requiring abstinence from alcohol and drugs, finding it clinically unnecessary.

The accused, previously found unfit to stand trial on charges including assault and obstructing a peace officer, appeared before the Ontario Review Board for a fitness hearing.

Following treatment with antipsychotic medications at the hospital, her mental status significantly improved.

Based on the joint submission of the parties and the psychiatric evidence, the Board found the accused fit to stand trial and remitted her matter back to court for adjudication.

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

The accused has a diagnosis of schizophrenia and a history of severe decompensation when non-compliant with medication.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety due to his lack of insight and reliance on external supervision for medication adherence.

The Board ordered a Conditional Discharge with terms including residence at a specified address and regular reporting.

The Ontario Review Board held an initial disposition hearing for an accused found not criminally responsible for second-degree murder.

The accused suffers from schizoaffective disorder and opioid use disorder.

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

Relying on uncontroverted expert psychiatric evidence, the Board ordered a Detention Order with the privilege of indirectly supervised passes into the community, finding this to be the least onerous and least restrictive disposition necessary to manage the risk while supporting reintegration.

The accused, previously found not criminally responsible for robbery and other offences, appeared before the Ontario Review Board for an annual disposition hearing.

The hospital and the Crown sought a continuation of his detention order with slight modifications, while the accused sought an absolute discharge, arguing he no longer posed a significant threat to public safety.

The Board found that the accused continues to pose a significant threat due to his lack of insight, history of medication non-compliance, and risk of decompensation if discharged.

The Board ordered the continuation of the detention order with the removal of the abstention clause and a reduction in reporting frequency.

The accused, previously found not criminally responsible for criminal harassment, was subject to an annual Review Board hearing.

The hospital and the Attorney General jointly submitted that the accused remained a significant threat to public safety and required a continued Detention Order, albeit with a minor modification to allow for more independent housing.

The Board accepted the joint submission, finding that the accused's bipolar disorder, lack of insight, and potential for rapid decompensation necessitated ongoing supervision and a Detention Order under s. 672.54 of the Criminal Code.

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

The accused, who has a moderate intellectual disability and a history of behavioural dysregulation, had been readmitted to a secure forensic unit after setting false fire alarms at a group home.

The Board accepted the unanimous opinion of the clinical team and the joint submission of counsel that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the present Detention Order, while encouraging ongoing efforts to find a suitable high-support community placement.

The accused, previously found not criminally responsible for aggravated assault, appeared before the Ontario Review Board for a mandatory review hearing.

The hospital, the accused, and the Attorney General jointly recommended an absolute discharge.

The Board found that the accused had demonstrated sustained clinical stability, remained compliant with treatment for schizophrenia, and no longer posed a significant threat to public safety.

The Board granted an absolute discharge.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for aggravated assault and failing to comply with probation.

The accused had been living in the community with minimal supports, maintaining employment, and remaining abstinent from substances while compliant with his schizophrenia medication.

The treatment team, supported by a joint submission from all parties, recommended an absolute discharge.

Applying the Winko framework, the Board found that the accused no longer posed a significant threat to the safety of the public and granted an absolute discharge.

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

The accused, diagnosed with treatment-resistant schizophrenia, had remained clinically stable, abstained from substances, and engaged in therapeutic programming over the past year.

However, relying on the hospital psychiatrist's evidence and a joint submission from counsel, the Board found the accused remained a significant threat to public safety due to his vulnerability to stressors and limited insight.

The Board ordered the continuation of the detention order with expanded community pass privileges.

The Ontario Review Board held an annual review and a Restriction of Liberty (ROL) hearing for an accused found not criminally responsible for firearms and assault offences.

The hospital had transferred the accused to a secure forensic unit due to substance use, rule violations, and medication non-compliance.

The Board found that the initial and ongoing restriction of liberty was warranted and necessary to manage the accused's risk.

Relying on expert psychiatric evidence, the Board concluded that the accused continues to pose a significant threat to public safety due to predictable medication non-adherence, heavy cannabis use, and rapid psychotic relapse.

The Board ordered the accused's continued detention at the hospital, with provisions for an updated Gladue Report and potential attendance at an Indigenous residential treatment centre.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for possession of a weapon for a dangerous purpose.

The accused had been living in the community, maintaining employment, and complying with treatment without signs of decompensation.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety due to partial insight and risk of relapse.

The Board ordered a Conditional Discharge with terms including reporting and residence requirements.

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

The accused sought an absolute or conditional discharge.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused remains a significant threat to public safety due to a high risk of medication non-adherence and substance use relapse without the structure of a detention order.

The Board ordered the continuation of the existing Detention Order.