L.E. Cappe

The Ontario Review Board conducted an annual review for an accused previously found unfit to stand trial on charges including assault and mischief.

Based on a joint submission and uncontroverted psychiatric evidence, the Board found the accused suffers from a major neurocognitive disorder and is permanently unfit to stand trial.

Given his secure placement in a long-term care facility and ongoing treatment, the Board concluded he no longer poses a significant threat to public safety.

The Board ordered the accused returned to court for an inquiry into whether a stay of proceedings should be ordered.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for aggravated assault and assault causing bodily harm.

The accused, diagnosed with Delusional Disorder, had been detained at CAMH but was discharged to community housing in August 2024.

Based on uncontroverted expert evidence from his treating psychiatrist that his insight had improved and he remained compliant with medication, the Board concluded that while he remains a significant threat to public safety, his risk can be adequately managed in the community.

The Board ordered a Conditional Discharge.

The Ontario Review Board conducted an annual review and a restriction of liberty hearing for an accused found not criminally responsible for assault with a weapon.

The hospital had readmitted the accused from the community due to a decompensation in her mental state and an increase in delusional beliefs.

The Board found that the hospital's decision to restrict the accused's liberty was warranted, necessary, and the least onerous option.

Relying on expert psychiatric evidence, the Board concluded that the accused continued to pose a significant threat to public safety and ordered the continuation of her Detention Order, with the removal of a substance testing condition.

The Ontario Review Board held a hearing to determine if the accused was fit to stand trial on various charges including sexual assault and break and enter.

Based on uncontroverted psychiatric evidence, the Board found the accused remained unfit to stand trial due to schizoaffective disorder and paranoia.

The Board ordered a Detention Order at the Centre for Addiction and Mental Health as the necessary and appropriate disposition to manage the significant threat to public safety.

The Ontario Review Board conducted an annual review and a restriction of liberty hearing for the accused, who was previously found not criminally responsible for causing a disturbance.

The hospital had transferred the accused to a secure forensic unit due to medication non-adherence, unprovoked aggression, and deteriorating mental state.

The Board found the restriction of liberty was warranted, necessary, and the least restrictive option.

Relying on expert psychiatric evidence, the Board concluded the accused remains a significant threat to public safety and ordered the continuation of his detention order.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for assault and indecent acts.

The accused, diagnosed with schizoaffective disorder, had made positive progress over the year, including medication optimization and abstinence from substances.

However, relying on uncontroverted expert psychiatric evidence, the Board found the accused continues to pose a significant threat to public safety due to residual symptoms and limited insight.

The Board ordered the continuation of the existing Detention Order at the hospital.

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

Based on the uncontroverted expert evidence of the treating psychiatrist and the joint submission of the parties, the Board concluded that the accused continues to represent a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order at the Centre for Addiction and Mental Health.

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

The hospital recommended continuing a detention order at the Centre for Addiction and Mental Health, but with the addition of indirectly supervised community passes and a provision for community living in supervised accommodation.

The Attorney General opposed the community living provision.

Applying the Court of Appeal's decision in Re Simonic, the Board granted the hospital's requested privileges, noting that a community living clause allows the accused to be placed on a waitlist for appropriate supervised accommodation.

The detention order was continued with the new privileges and no-contact provisions.

The Ontario Review Board conducted an initial disposition hearing for an accused found not criminally responsible for telecommunication with a person under 16 years.

The Board accepted the risk assessment evidence that the accused remains a significant threat to public safety due to schizoaffective disorder and lack of insight.

Following a joint recommendation, the Board ordered a conditional discharge with terms including residence at the family home, reporting requirements, and a prohibition on contacting the victim.

The accused, previously found not criminally responsible for firearms offences, appeared for his initial disposition hearing before the Ontario Review Board.

The accused has diagnoses of schizophrenia and substance use disorders.

The Board accepted the joint position of the parties that the accused continues to pose a significant threat to public safety.

A detention order was issued, granting privileges up to and including living in the community in approved accommodation, subject to conditions including reporting and abstaining from substances.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for breach of recognizance and criminal harassment.

The accused, diagnosed with schizoaffective disorder and cannabis use disorder, had been detained at a hospital but was living in approved community housing.

Based on the evidence of his treating psychiatrist that his condition was stable and his risk could be managed in the community, the Board found that while he remained a significant threat to public safety, a conditional discharge with a consent to treatment clause was the necessary and appropriate disposition.

The Ontario Review Board held an annual review and a restriction of liberty review for an accused found not criminally responsible for arson.

The accused, who suffers from schizophrenia and progressive cognitive decline, was readmitted to the hospital after his community residence could no longer support his high needs.

The Board accepted expert evidence that the accused continues to pose a significant threat to public safety due to verbal and physical aggression.

The Board concluded that the restriction of liberty was warranted and remains the least onerous and least restrictive action, continuing his detention at the hospital.

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

The accused, who suffers from treatment-resistant schizophrenia and a substance use disorder, requested expanded travel privileges for international travel.

The hospital and Crown supported continuing the existing Detention Order.

The Board found the accused remains a significant threat to public safety, noting his vulnerability to breakthrough psychosis when medication is reduced.

The Board ordered the continuation of the Detention Order with existing conditions, denying the request for expanded travel privileges due to a lack of evidence and planning.

The accused was found not criminally responsible for arson and related offences committed while experiencing auditory hallucinations.

At the initial disposition hearing, the Ontario Review Board found the accused to be a significant threat to public safety.

The Board ordered a detention order at the Centre for Addiction and Mental Health, with privileges to live in the community in approved housing, subject to conditions including abstention from alcohol and drugs.

The accused, previously found not criminally responsible for second-degree murder, was subject to a mandatory annual review by the Ontario Review Board.

The accused had recently transferred to a new hospital and struggled with sleep cycle disruption due to cell phone overuse, leading to non-engagement with treatment.

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

The Board ordered a disposition detaining the accused at the hospital with privileges up to and including living in the community in supervised accommodation.

The Ontario Review Board held a mandatory review hearing for an accused found not criminally responsible for second-degree murder.

The accused, diagnosed with a schizophrenia spectrum disorder and substance use disorder, had remained stable on a secure forensic unit but refused injectable antipsychotic medication.

The Board found the accused remained a significant threat to public safety.

The Board ordered a detention disposition at the hospital with expanded privileges for indirectly supervised hospital grounds access, but denied indirectly supervised community passes due to the severity of the index offence and the need for further medication trials.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for assault and related charges.

The accused, diagnosed with schizophrenia and cannabis use disorder, had made progress but recently struggled with substance use and declined a community housing placement.

Relying on expert psychiatric evidence, the Board found the accused remained a significant threat to public safety due to risks of medication non-compliance and substance use if unsupervised.

The Board ordered the continuation of the accused's detention at the hospital with privileges.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused was previously found not criminally responsible for assault and other offences.

The Board unanimously found that the accused continues to represent a significant threat to the safety of the public due to his schizophrenia and lack of insight.

However, a majority of the Board concluded that his risk could be managed in the community and ordered a conditional discharge, noting his stability in community housing and medication compliance.

A minority would have maintained the previous detention order.

The Ontario Review Board held an annual review hearing for the accused, who was found not criminally responsible for uttering a death threat.

The accused has diagnoses of schizophrenia and polysubstance use disorder.

Based on a joint submission and psychiatric evidence, the Board found that the accused remains a significant threat to the safety of the public.

The Board ordered a continued Detention Order with privileges, noting that while the accused has had a stable year in a supervised community placement, he remains at high risk of relapse without structure and supervision.

The Ontario Review Board conducted an annual review of the accused's conditional discharge disposition.

The accused had been found not criminally responsible for murder due to schizophrenia.

The Board accepted expert evidence that the accused remains a significant threat to public safety and requires ongoing clinical supervision to prevent deterioration.

The Board ordered the continuation of the conditional discharge with minor amendments to the conditions.