M. Labrosse

The Ontario Review Board held a mandatory annual hearing for an accused previously found unfit to stand trial on charges of criminal harassment and invitation to sexual touching.

The accused, who has a moderate intellectual disability, resides in a specialized hospital unit.

The Board accepted the joint submission and psychiatric evidence that the accused remains permanently unfit to stand trial.

Considering the paramount need to protect the public and the accused's ongoing need for 24-hour support and risk management, the Board maintained the current detention order with permission to live in approved supervised community accommodation.

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

The accused, previously found not criminally responsible for arson, had been subject to a detention order.

While the treating psychiatrist and the Hospital recommended continuing the detention order due to recent gambling and rule breaches, the majority of the Board found that the accused's risks were well-managed at her transitional residence.

Noting her five years of sobriety and overall positive trajectory, the majority ordered a Conditional Discharge.

A dissenting member would have maintained the detention order.

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

The accused, diagnosed with schizophrenia and cannabis use disorder, had his community privileges restricted after an unauthorized leave of absence during which he consumed cannabis and was found in a psychotic state.

The Board found that the accused continues to pose a significant threat to public safety and ordered a continuation of his detention disposition, concluding that he requires the structured monitoring of the hospital.

The Board also held that the hospital's restriction of his liberties was not significant in the circumstances, but rather a necessary and least restrictive day-to-day management of his risk.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault with a weapon and assaulting a peace officer.

The accused, diagnosed with schizoaffective disorder and substance use disorder, had made significant progress in a transitional facility.

However, based on uncontroverted psychiatric evidence, the Board found the accused remained a significant threat to public safety due to the risk of decompensation.

The Board ordered the continuation of the current detention disposition on a joint submission from all parties.

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

The accused was previously found not criminally responsible for uttering threats and criminal harassment.

The Board found that the accused continues to represent a significant threat to the safety of the public due to schizophrenia and substance use disorder.

The Board ordered the continuation of the current detention order, noting that while the accused has made progress, he requires close monitoring and supervision to manage his risk.

The accused, previously found not criminally responsible for various offences including failure to comply with probation, was subject to an annual review of her disposition.

The Ontario Review Board considered evidence from her attending psychiatrist indicating she continues to suffer from schizoaffective disorder and substance use disorders, posing a risk of violent recidivism.

The Board found that the accused remains a significant threat to public safety and ordered the continuation of her detention at the forensic hospital.

The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found not criminally responsible for uttering threats and failing to comply with a release order.

The hospital and the Attorney General argued that the accused continued to pose a significant threat to public safety and recommended a conditional discharge.

The accused sought an absolute discharge.

The majority of the Board found that the accused had maintained sustained mental stability, abstained from substances, and successfully reintegrated into the community.

Concluding that the accused no longer posed a significant threat to public safety, the Board granted an absolute discharge.

A dissenting minority would have ordered a conditional discharge to ensure continued psychiatric follow-up.

The accused, who was previously found not criminally responsible on account of mental disorder, was placed in locked seclusion after violently assaulting a co-patient with a dumbbell.

The hospital notified the Ontario Review Board of a significant increase in the restriction of his liberty.

The Board held a hearing to review the restriction.

Applying the Campbell framework, the Board found that the hospital's decision to place the accused in seclusion was reasonable, warranted, and the least restrictive course of action available to manage the heightened risk to others.

The ongoing restriction was also upheld, noting the hospital's efforts to maximize his privileges through a Protective Devices Plan.

The Ontario Review Board held a restriction of liberty hearing to review the hospital's decision to readmit the NCR accused from transitional housing to the hospital.

The accused, who has schizophrenia, exhibited threatening behaviour towards staff and had sub-therapeutic clozapine levels indicating medication non-compliance.

Applying the Campbell framework, the Board found the hospital's decision to significantly increase the restriction of liberty was reasonable, warranted, and the least onerous course of action to manage the heightened risk to others.

The restriction remains necessary while new accommodation with medication supervision is secured.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for uttering death threats and assault with a weapon.

The accused, diagnosed with schizophrenia, continues to experience residual symptoms and lacks insight into his illness.

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

The Board ordered the maintenance of the current disposition, detaining the accused at the hospital with privileges up to and including living in the community in 24-hour supervised accommodation.

The accused was found not criminally responsible for possession of weapons dangerous after waving a knife at citizens.

At his initial Ontario Review Board hearing, the hospital and Crown sought a detention order, citing his diagnoses of schizophrenia and cannabis use disorder, ongoing auditory hallucinations, and lack of community supports.

The Board found the accused poses a significant threat to public safety and ordered his detention at the hospital with privileges up to indirectly supervised community passes, along with weapons and substance prohibitions.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for sexual interference and breach of probation.

The accused, who has a moderate intellectual disability and complex medical needs, has been detained in hospital since 1996.

Based on a joint submission and expert psychiatric evidence, the Board found the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing disposition, detaining the accused at the forensic hospital with privileges for supervised community living.

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

The accused, diagnosed with bipolar affective disorder, had maintained stability and compliance with treatment over the past year.

The hospital recommended a conditional discharge with travel restrictions, which was supported by all parties.

The Board found that the accused continues to pose a significant threat to the safety of the public, but that this risk can now be adequately managed in the community.

A conditional discharge was ordered, including conditions to report monthly, abstain from substances, and obtain approval for travel outside Ontario.

The Ontario Review Board held an annual review hearing for the accused, who was found unfit to stand trial in 2019 on various assault and threat charges.

The Board found that the accused remains unfit to stand trial due to an intellectual disability that prevents him from meaningfully participating in a trial.

Applying section 672.54 of the Criminal Code, the Board ordered the continuation of his current detention disposition at the Centre for Addiction and Mental Health, with privileges to live in a supervised community residence, finding it to be the least onerous and least restrictive disposition necessary to manage his risk to the public.

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

The hospital and Crown recommended maintaining the conditional discharge with a residence specification, while the accused requested the removal of the residence and treatment conditions.

The Board found that the accused continues to pose a significant threat to public safety due to ongoing financial instability, residual guardedness, and the risk of decompensation.

The Board ordered the continuation of the conditional discharge with the residence specification to ensure housing stability, but removed the consent to treatment provision as the accused was compliant with long-acting injectable medication.

The accused was found not criminally responsible (NCR) for assault causing bodily harm after attacking a stranger in his apartment building while experiencing a psychotic episode due to medication non-compliance.

The Ontario Review Board held a disposition hearing to determine if the accused posed a significant threat to public safety.

Relying on expert psychiatric evidence, the Board found that the accused's treatment-resistant paranoid schizophrenia and substance use posed a significant risk of future violence.

The Board ordered a detention order, rather than a conditional discharge, to ensure the hospital could monitor the accused and intervene if he decompensated, while allowing for community living in approved accommodation.

The accused, previously found not criminally responsible for attempted murder and aggravated assault of her children, appeared before the Ontario Review Board for an annual hearing.

The hospital and Crown jointly submitted that while the accused continues to pose a significant threat to public safety, her risk could be adequately managed on a conditional discharge.

The Board accepted the joint submission, noting the accused's medication compliance, stability, and amenability to direction, and ordered a conditional discharge.

The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for mischief and causing a disturbance.

The accused, diagnosed with schizophrenia and substance use disorders, had made positive progress over the past year, remaining stable and medication adherent.

The Board accepted a joint submission to maintain the current Detention Order with the addition of a condition permitting supervised community living in the Greater Toronto Area and weekly reporting.

The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for mischief and sexual assault.

The parties presented a joint submission that the accused remained a significant threat to public safety but had made positive progress, warranting a change in his detention order to allow for privileges up to indirectly supervised on hospital grounds.

The Board accepted the joint submission, finding it represented the least onerous and least restrictive disposition.

The accused, previously found not criminally responsible for assault causing bodily harm due to schizophrenia, had his annual review hearing before the Ontario Review Board.

The hospital and Crown recommended maintaining a Detention Order with new privileges for transfer to a General Unit and indirectly supervised community passes.

The Board found that the accused continues to pose a significant threat to the public due to his history of violence, substance abuse, and noncompliance.

The Board concluded that a Detention Order with the recommended privilege upgrades was the least restrictive and least onerous disposition.