Ms. R. MacIntyre

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault causing bodily harm.

The parties presented a joint position that the accused continues to pose a significant threat to public safety due to his schizoaffective disorder and history of substance use.

The Board accepted the joint recommendation, finding that absent a disposition, the accused would likely become non-compliant with medication and decompensate.

The Board ordered a renewal of the detention disposition with privileges, including supervised community accommodation.

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.