M. McKinnon

The Ontario Review Board held a hearing to determine whether the accused, previously found unfit to stand trial on multiple violent charges, had regained fitness.

The hospital's psychiatrist opined that the accused was fit and that his bizarre testimony at the hearing was malingering motivated by a desire to be transferred to a lower-security facility.

Applying the Supreme Court's test from R. v. Bharwani, the Board rejected the expert's conclusion, finding that the accused's testimony demonstrated a lack of reality-based understanding of the proceedings.

The Board concluded the accused remained unfit to stand trial and ordered his continued detention at the secure hospital.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for uttering threats and breaching a recognizance.

The Board accepted uncontroverted psychiatric evidence that the accused remains a significant threat to public safety due to ongoing verbal aggression, sexually inappropriate behaviours, and mental fragility.

While noting behavioral improvements following a medication change, the Board concluded that a Detention Disposition with a weapons prohibition remains necessary and appropriate while the search for suitable community housing continues.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for various assault and weapons offences.

The hospital, Crown, and accused jointly supported a transfer to an all-male unit at the Centre for Addiction and Mental Health (CAMH).

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety due to his autism spectrum disorder, impulsivity, and reliance on external structure.

The Board ordered a detention disposition with a transfer to CAMH, finding it necessary and appropriate to manage his risk while meeting his rehabilitative needs.

The accused, diagnosed with schizophrenia, was previously found unfit to stand trial for assault with a weapon.

The Ontario Review Board held a mandatory hearing to review his disposition.

Applying the fitness test from R. Bharwani, the Board found that while the accused could answer Taylor test questions, he lacked a reality-based understanding of the proceedings due to his delusional belief that his sentence was already served.

The Board concluded he remains unfit to stand trial but ordered his transfer to a lower-security facility with accompanied community passes, as he no longer required a high-secure forensic envelope.

The Ontario Review Board held a mandatory annual hearing to review the disposition of the accused, who was previously found not criminally responsible for assault offences.

The accused is currently detained at a secure forensic psychiatric hospital.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety due to his schizophrenia and risk of medication non-compliance.

The Board ordered that the accused remain subject to a detention disposition.

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

The accused's physical and mental health had significantly declined due to dementia and frailty, leaving him bedbound and chronically delirious.

The Board accepted uncontroverted medical evidence that the accused no longer poses a significant threat to public safety.

Consequently, the Board granted an absolute discharge, noting he will remain in hospital until a long-term care placement is found.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for forcible entry, mischief, and assaulting a peace officer.

The accused, diagnosed with schizoaffective disorder and substance use disorders, had his liberties restricted and was readmitted to the hospital following repeated substance use and an inability to manage independent living.

Applying the Winko framework, the Board found the accused continues to pose a significant threat to public safety.

The Board ordered a continued Detention Disposition and upheld the hospital's restriction of liberties as necessary and appropriate.

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

The accused, diagnosed with schizophrenia and antisocial personality disorder, sought a transfer to CAMH with additional privileges.

The hospital and Attorney-General supported the transfer and the addition of accompanied hospital and staff-escorted community passes.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety.

The Board ordered a Detention Disposition with a transfer to CAMH and the requested additional privileges, emphasizing the need for a cautious approach to community access.

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

The accused, diagnosed with schizophrenia and substance use disorder, had recently experienced a decompensation in mental state and engaged in assaultive behaviour requiring seclusion.

Applying the Bharwani test, the Board found the accused remained unfit to stand trial.

Despite a joint submission from the hospital, Crown, and defence to transfer the accused to a less secure facility, the Board concluded that a transfer was inappropriate due to the risk of substance use and medication non-compliance.

The Board ordered the continuation of the Detention Disposition at the current secure hospital.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder and other offences.

The accused, diagnosed with schizophrenia, had made significant progress over the past year at Waypoint Centre for Mental Health Care, with no incidents of aggression and successful participation in programs.

All parties jointly submitted that the accused continues to pose a significant threat to public safety but recommended a transfer to the Centre for Addiction and Mental Health (CAMH) to be closer to family.

The Board agreed, ordering a Detention Disposition at CAMH with conditions, while leaving residual authority with Waypoint until the transfer is effectuated.

The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.

The accused, who was previously found not criminally responsible for multiple violent offences, has diagnoses of schizophrenia and substance use disorders.

The Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, history of unpredictable aggression, and ongoing psychotic symptoms.

The Board ordered the continuation of the Detention Order with no change to its terms, finding it to be the least onerous and least restrictive disposition necessary to manage the risk.

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

The accused, who suffers from schizoaffective disorder, requested a transfer to a less secure hospital.

The treatment team opposed the transfer due to the accused's recent medication non-compliance, mental status decompensation, and lack of insight.

The Board found that the accused continues to pose a significant threat to public safety and concluded that continuing the Detention Order at the current high-secure hospital is the least onerous and least restrictive disposition.

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

The accused has a lengthy history of violence, schizophrenia, and substance abuse.

All parties agreed that the accused continues to pose a significant threat to public safety and that his detention at the high-secure forensic hospital should continue.

The Board ordered the continuation of the Detention Order with no changes to its terms and, on consent of the parties, extended the time for the next hearing to 24 months due to the accused's stable but declining cognitive condition.

The Ontario Review Board held a hearing to determine if the accused, who is diagnosed with schizophrenia and charged with aggravated assault, was fit to stand trial.

Relying on the expert evidence of the attending psychiatrist, the Board found that the accused's negative symptoms, including poverty of thought and lack of motivation, prevented him from making reality-based decisions.

The Board concluded the accused remains unfit to stand trial and ordered the continuation of his detention disposition at the hospital as the least onerous and least restrictive disposition to manage his risk to the public.

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

The accused, diagnosed with schizophrenia, has been held in seclusion and strongly opposes long-acting injectable antipsychotic medication.

The Board accepted psychiatric evidence that the accused fabricates symptoms to avoid medication and would pose a significant threat to public safety if released from the highly structured environment.

The Board ordered the continuation of the existing Detention Disposition and maintained its recommendation for an interprovincial transfer to Philippe-Pinel.

The Ontario Review Board conducted an annual review of the accused's disposition under s. 672.81(1) of the Criminal Code.

The accused, previously found not criminally responsible for murder and other offences, was detained at a high secure forensic hospital.

All parties jointly submitted that the accused should be transferred to a medium secure facility.

The Board found that the accused continues to represent a significant threat to public safety due to his maladaptive personality traits, cannabis use disorder, and lack of meaningful engagement in treatment.

The Board rejected the joint submission, concluding that a continuation of the detention order at the high secure facility was the necessary and appropriate disposition to manage his risk.

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

The accused, who was previously found not criminally responsible for attempted murder, resides at a mental health centre and suffers from schizophrenia.

The Board accepted the joint submission of the parties and the evidence of the attending psychiatrist that the accused continues to experience auditory hallucinations and remains a significant threat to public safety.

The Board ordered the continuation of the existing detention order without change.

The accused, previously found not criminally responsible for sexual assault and assault with a weapon, appeared before the Ontario Review Board for an annual disposition review.

The hospital and the accused sought an absolute discharge, while the Attorney General sought a conditional discharge.

The Board found that the accused had not displayed psychotic symptoms in ten years, had been abstinent from substances since 2022, and had strong community support.

Applying the test from Winko, the Board concluded the accused no longer posed a significant threat to public safety and granted an absolute discharge.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for several driving and assault offences.

The accused, diagnosed with schizoaffective disorder, experienced a recent decline in mental stability and faces significant challenges due to his lack of immigration status in Canada.

The Board accepted the joint recommendation of the parties, finding that the accused remains a significant threat to public safety.

The Board ordered the continuation of the current detention order and supported the parties' plan to pursue an international transfer of the accused to India.

The Ontario Review Board held an annual hearing to review the disposition of the accused, who was found not criminally responsible for uttering threats and failing to comply with probation.

The accused, diagnosed with schizophrenia and an intellectual disability, had been living in the community but experienced several hospital readmissions due to physical health issues and medication non-compliance.

The Board found that the accused remained a significant threat to public safety and ordered the continuation of the detention order with the same terms and conditions.