P. Capelle

The Ontario Review Board held a hearing to determine whether the accused, previously found unfit to stand trial on multiple violent charges, had regained fitness.

The hospital's psychiatrist opined that the accused was fit and that his bizarre testimony at the hearing was malingering motivated by a desire to be transferred to a lower-security facility.

Applying the Supreme Court's test from R. v. Bharwani, the Board rejected the expert's conclusion, finding that the accused's testimony demonstrated a lack of reality-based understanding of the proceedings.

The Board concluded the accused remained unfit to stand trial and ordered his continued detention at the secure hospital.

The accused, diagnosed with schizophrenia, was previously found unfit to stand trial for assault with a weapon.

The Ontario Review Board held a mandatory hearing to review his disposition.

Applying the fitness test from R. Bharwani, the Board found that while the accused could answer Taylor test questions, he lacked a reality-based understanding of the proceedings due to his delusional belief that his sentence was already served.

The Board concluded he remains unfit to stand trial but ordered his transfer to a lower-security facility with accompanied community passes, as he no longer required a high-secure forensic envelope.

The Ontario Review Board held a mandatory annual hearing to review the disposition of the accused, who was previously found not criminally responsible for assault offences.

The accused is currently detained at a secure forensic psychiatric hospital.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety due to his schizophrenia and risk of medication non-compliance.

The Board ordered that the accused remain subject to a detention disposition.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for uttering threats and breaching a recognizance.

The Board accepted uncontroverted psychiatric evidence that the accused remains a significant threat to public safety due to ongoing verbal aggression, sexually inappropriate behaviours, and mental fragility.

While noting behavioral improvements following a medication change, the Board concluded that a Detention Disposition with a weapons prohibition remains necessary and appropriate while the search for suitable community housing continues.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for various assault and weapons offences.

The hospital, Crown, and accused jointly supported a transfer to an all-male unit at the Centre for Addiction and Mental Health (CAMH).

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety due to his autism spectrum disorder, impulsivity, and reliance on external structure.

The Board ordered a detention disposition with a transfer to CAMH, finding it necessary and appropriate to manage his risk while meeting his rehabilitative needs.

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

The accused's physical and mental health had significantly declined due to dementia and frailty, leaving him bedbound and chronically delirious.

The Board accepted uncontroverted medical evidence that the accused no longer poses a significant threat to public safety.

Consequently, the Board granted an absolute discharge, noting he will remain in hospital until a long-term care placement is found.

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

The accused, diagnosed with schizophrenia and antisocial personality disorder, sought a transfer to CAMH with additional privileges.

The hospital and Attorney-General supported the transfer and the addition of accompanied hospital and staff-escorted community passes.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety.

The Board ordered a Detention Disposition with a transfer to CAMH and the requested additional privileges, emphasizing the need for a cautious approach to community access.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for forcible entry, mischief, and assaulting a peace officer.

The accused, diagnosed with schizoaffective disorder and substance use disorders, had his liberties restricted and was readmitted to the hospital following repeated substance use and an inability to manage independent living.

Applying the Winko framework, the Board found the accused continues to pose a significant threat to public safety.

The Board ordered a continued Detention Disposition and upheld the hospital's restriction of liberties as necessary and appropriate.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for assaulting police.

The accused, diagnosed with schizoaffective disorder and substance use disorder, had a stable year and was expected to transition to supervised community living.

The Board accepted the joint position of the parties, finding that the accused continues to pose a significant threat to public safety due to his brittle illness and need for supervision.

The Board ordered a continued Detention Order with expanded privileges, including travel within Southern Ontario and indirectly supervised access to the community.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for weapons and threat offences.

The accused has schizophrenia and severe substance use disorder.

The treatment team and Crown recommended a continued Detention Order, noting the accused's intermittent cocaine use and resulting psychiatric deterioration.

The Board found the accused continues to pose a significant threat to public safety.

A Detention Order was maintained, but the Board expanded the accused's travel radius to 200 kilometres to facilitate visits with his girlfriend, provided he maintains abstinence and stability.

The Ontario Review Board conducted an annual hearing to review the disposition of the accused, who was found not criminally responsible for second-degree murder.

The accused has a lengthy history of violence, schizophrenia, and substance abuse.

All parties agreed that the accused continues to pose a significant threat to public safety and that his detention at the high-secure forensic hospital should continue.

The Board ordered the continuation of the Detention Order with no changes to its terms and, on consent of the parties, extended the time for the next hearing to 24 months due to the accused's stable but declining cognitive condition.

The Ontario Review Board conducted an annual review for an accused found unfit to stand trial on charges including aggravated assault.

The accused, diagnosed with schizophrenia and substance use disorder, had recently experienced a decompensation in mental state and engaged in assaultive behaviour requiring seclusion.

Applying the Bharwani test, the Board found the accused remained unfit to stand trial.

Despite a joint submission from the hospital, Crown, and defence to transfer the accused to a less secure facility, the Board concluded that a transfer was inappropriate due to the risk of substance use and medication non-compliance.

The Board ordered the continuation of the Detention Disposition at the current secure hospital.

The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.

The accused, who was previously found not criminally responsible for multiple violent offences, has diagnoses of schizophrenia and substance use disorders.

The Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, history of unpredictable aggression, and ongoing psychotic symptoms.

The Board ordered the continuation of the Detention Order with no change to its terms, finding it to be the least onerous and least restrictive disposition necessary to manage the risk.

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

The accused, who suffers from schizoaffective disorder, requested a transfer to a less secure hospital.

The treatment team opposed the transfer due to the accused's recent medication non-compliance, mental status decompensation, and lack of insight.

The Board found that the accused continues to pose a significant threat to public safety and concluded that continuing the Detention Order at the current high-secure hospital is the least onerous and least restrictive disposition.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder and other offences.

The accused, diagnosed with schizophrenia, had made significant progress over the past year at Waypoint Centre for Mental Health Care, with no incidents of aggression and successful participation in programs.

All parties jointly submitted that the accused continues to pose a significant threat to public safety but recommended a transfer to the Centre for Addiction and Mental Health (CAMH) to be closer to family.

The Board agreed, ordering a Detention Disposition at CAMH with conditions, while leaving residual authority with Waypoint until the transfer is effectuated.

The accused, previously found not criminally responsible for threatening death and criminal harassment, underwent an annual review of her hospital detention disposition.

The Ontario Review Board found that she continues to pose a significant threat to public safety due to her schizoaffective disorder and history of elopement.

The Board ordered her continued detention at the hospital with privileges, noting that while she is ready for community living, she requires 24-hour supervision, which could include long-term care or other supervised housing options.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for offences including uttering threats and possession of a weapon.

The accused had recently been discharged to transitional housing and demonstrated medication compliance and abstinence from substances.

However, due to his history of rapid decompensation and substance use, the Board found he continued to pose a significant threat to public safety.

The Board ordered the continuation of his Detention Disposition to ensure rigorous oversight and the ability to rapidly return him to the hospital if necessary.

The Ontario Review Board held a hearing to review the restriction of liberties imposed on the accused, a patient at a mental health centre.

The hospital had suspended the accused's privileges and transferred him to a secure unit following medication non-compliance, decompensation, and aggressive behaviour.

The Board found that the initial restrictions and transfer were necessary, appropriate, and the least restrictive options available at the time.

However, the Board concluded that the ongoing restrictions ceased to be necessary and appropriate in the days leading up to the hearing, as the accused had stabilized and returned to baseline.

The Board directed that the accused be transferred back to a general ward and that less restrictive measures be enabled.

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

The accused suffers from schizophrenia, mild neurocognitive disorder, and cannabis use disorder.

The Board found that the accused continues to pose a significant threat to public safety.

While all parties agreed to add a community living provision to the detention disposition, the hospital and the accused argued for 'accommodation approved by the person in charge' to maximize flexibility.

The Board rejected this, accepting the attending psychiatrist's evidence that the accused requires the highest levels of supervision.

The Board ordered a detention disposition with community living in supervised accommodation.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for aggravated assault and weapons offences.

The accused, diagnosed with Schizophrenia, had transitioned to injectable medication and his psychotic symptoms were in remission.

However, relying on uncontroverted psychiatric evidence, the Board found he continued to pose a significant threat to public safety due to residual psychosis and cognitive deficits.

The Board ordered a continued detention disposition at the hospital, with added privileges for travel with an approved person.