Ms. L. Maunder

The accused, a 75-year-old man with major neurocognitive disorder, was found unfit to stand trial on charges of sexual assault and failing to comply with probation.

The Ontario Review Board determined that he remained unfit to stand trial due to severe functional impairment and memory deficits.

The Board ordered a detention order, transferring the accused to an all-male forensic unit at CAMH, with privileges for community access and conditions including a substance prohibition and drug screening to manage his risk of sexually inappropriate behaviour.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for theft and breach of probation.

The Board found that the accused, who suffers from a psychotic disorder and acquired brain injury, remained a significant threat to public safety.

The Board ordered the continuation of his detention at the hospital.

The Board also maintained a condition restricting the accused's cannabis use to prescribed medicinal purposes, rejecting his request for unfettered access, due to his history of overuse leading to psychosis, functional impairment, and conflict with staff.