Ms. S. Kert

The Ontario Review Board considered whether it has jurisdiction to review a hospital's decision to place a Not Criminally Responsible (NCR) accused in locked seclusion for more than seven days.

The hospital argued that seclusion is authorized by the Mental Health Act and common law, not by authority delegated by the Board, and thus falls outside the Board's review jurisdiction.

The Board rejected this argument, holding that the authority to seclude an NCR accused flows from Part XX.1 of the Criminal Code and operates in harmony with provincial legislation.

The Board concluded that seclusion constitutes a significant restriction on liberty and is subject to mandatory notice and review by the Board.