Ms. N. Lemieux-McKinnon

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

The hospital and the Attorney General recommended a conditional discharge, noting the accused's medication compliance and diminished risk, while the accused's counsel sought an absolute discharge.

Applying the Winko threshold, the Board found the accused continues to pose a significant threat to public safety, as he would likely become non-compliant with medication and decompensate without a disposition.

The Board ordered a conditional discharge with a treatment clause under s. 672.55 of the Criminal Code, balancing public safety with the accused's reintegration needs.