The accused, found not criminally responsible (NCR) and detained at a high-security psychiatric facility, brought a motion challenging the constitutionality of sections 672.51(3) and (6) of the Criminal Code.
These provisions allow the Ontario Review Board to withhold disposition information from an accused and exclude them from parts of their hearing if disclosure would likely endanger another person or seriously impair the accused's treatment.
The accused argued this violated his section 7 Charter right to procedural fairness.
The Board dismissed the motion, finding that while section 7 is engaged, the provisions conform to the principles of fundamental justice.
The Board emphasized the inquisitorial and therapeutic context of Review Board hearings and held that the appointment of amicus curiae with a broad mandate serves as a substantial substitute for full disclosure and participation.
