K. Weisbaum

The accused, who was found not criminally responsible on account of mental disorder for sexual assault and an indecent act, appeared before the Ontario Review Board for an annual review hearing.

The accused has a diagnosis of treatment-resistant schizophrenia and a history of non-compliance with medication, which has led to violent and sexually dysregulated behaviour in the community.

The Board found that the accused continues to pose a significant threat to the safety of the public due to his undertreated psychotic symptoms and limited insight.

The Board ordered that the accused be subject to a Detention Order at the secure forensic unit, with conditions allowing for gradual privileges as his psychiatric stability improves.

The Ontario Review Board held a hearing to review the accused's unfitness to stand trial on charges of mischief and failing to comply with probation.

The accused, diagnosed with chronic schizophrenia, had received substantial antipsychotic treatment and participated in a pragmatic court education program utilizing visual aids and role-play.

Applying the test from Bharwani, the Board accepted the uncontested psychiatric and psychological evidence that the accused now possessed a reality-based understanding of the court process, the possible consequences of the proceedings, and the ability to communicate with counsel.

The Board found the accused fit to stand trial and ordered him returned to court, with his current detention order remaining in effect in the interim.

The Ontario Review Board conducted a hearing to review the restriction of liberty imposed on the accused, who had previously been found not criminally responsible for assault offences.

The accused was readmitted to the hospital after exhibiting bizarre and grandiose behaviour at his annual hearing and submitting an inappropriate letter, which indicated an increase in his risk to public safety.

The hospital initiated a change in his antipsychotic medication to Clozapine, which required close monitoring due to his specific medical conditions.

The Board concluded that both the initial and ongoing restrictions of liberty were necessary, appropriate, and the least restrictive interventions available to manage his risk and ensure his safety during the medication transition.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for manslaughter and designated a High-Risk Accused.

The Board accepted a joint submission that the accused continues to represent a significant threat to the safety of the public and ordered continued detention at the hospital.

Applying the test from Cousineau, the Board assessed whether there was a substantial likelihood the accused would use violence if discharged from the Board's jurisdiction.

Preferring the evidence of the independent psychiatric assessor over the treating psychiatrist, the Board found a substantial likelihood of violence remained due to the accused's ongoing psychotic symptoms, limited insight, and history of non-compliance.

The Board declined to refer the High-Risk Accused designation to the Superior Court for review.

The Ontario Review Board held a hearing to review the restriction of liberty imposed on the accused, who had previously been found not criminally responsible for aggravated assault.

The accused was readmitted to the hospital after being charged with assault with a weapon while residing in a community group home.

The Board applied the Campbell framework and found that the significant restriction on the accused's liberties from his readmission to the hearing date was necessary, appropriate, and the least restrictive and least onerous intervention available, as his community residence required additional staffing before he could safely return.

The accused, who was found not criminally responsible for arson and assault with a weapon, requested an early Ontario Review Board hearing to seek a transfer from the Royal Ottawa Mental Health Centre back to Ontario Shores.

The Board reviewed his history of unprovoked physical aggression, the previous treatment impasse at Ontario Shores, and his recent impulsive behaviour related to food restrictions at the Royal Ottawa.

The Board found that the accused remains a significant threat to public safety and concluded that a transfer back to Ontario Shores was not necessary or appropriate at this early juncture.

The existing Detention Order at the Royal Ottawa was maintained.