K. De Freitas

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.