Ms. J. Ferguson

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

The hospital and the Crown sought a continuation of the Detention Order, while the accused sought a Conditional Discharge.

The Board found that the accused continues to represent a significant threat to the safety of the public due to a severe psychotic disorder, recent decompensation following a reduction in medication, and a history of aggression.

The Board concluded that the risk could not be properly managed under a Conditional Discharge and ordered the continuation of the Detention Order to ensure the treatment team could maintain the accused in high-support housing and rapidly readmit him if necessary.

The accused, previously found not criminally responsible for aggravated assault, was living in the community under an Ontario Review Board disposition.

Following a positive drug screen for cannabis, the hospital readmitted him pursuant to his treatment plan.

The hospital placed him on a civil psychiatric unit that did not permit off-unit privileges due to a lack of available forensic beds.

The Review Board held a hearing to review the restriction of liberty.

The Board found that the initial decision to readmit the accused was necessary and appropriate.

However, the Board concluded that his ongoing detention on a unit where he was denied privileges that would otherwise be available to him on a forensic unit was not the least onerous and restrictive option.