P. Capelle

The Ontario Review Board held an annual hearing for an accused who was found unfit to stand trial on a charge of second-degree murder.

The hospital requested an amendment to his detention disposition to allow transfer from a 'Secure Forensic' unit to a general 'Forensic Service' unit if needed due to his neurocognitive decline and reactivity to stimuli.

The Board found that the accused remains unfit to stand trial and continues to pose a significant threat to public safety.

The Board denied the hospital's request to amend the disposition, finding that the accused is currently well-supported on the Secure Forensic Unit and no situation currently necessitates a transfer.

The Ontario Review Board conducted an annual review for an accused previously found not criminally responsible for mischief, assault causing bodily harm, and weapons dangerous.

The accused, diagnosed with schizophrenia and neurocognitive disorder, is currently residing in a locked geriatric unit and requires significant care.

The hospital and the Attorney General supported an absolute discharge.

The Board found that the accused no longer poses a significant threat to public safety and granted an absolute discharge.

The Ontario Review Board held a mandatory annual review hearing for the accused, who was previously found not criminally responsible for uttering threats and criminal harassment.

The accused suffers from Huntington's Disease and a related psychotic disorder.

The parties presented a joint position that the accused continues to pose a significant threat to public safety and should remain subject to a detention disposition.

The Board accepted the joint position, finding that absent the disposition, the accused would likely decompensate and engage in aggressive behaviour.

The detention disposition was continued without changes.

The Ontario Review Board held a mandatory annual review hearing for the accused, who was previously found not criminally responsible for assault with a weapon.

The accused suffers from schizophrenia and has a history of violence and substance use.

The Board accepted the joint position of the parties and the evidence of the attending psychiatrist that the accused continues to pose a significant threat to public safety.

The Board ordered that the accused remain subject to a detention disposition at the hospital, as a conditional discharge would be insufficient to manage her risk.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for uttering threats and failing to comply with conditions.

The accused, diagnosed with treatment-resistant schizophrenia, had a history of medication non-compliance and aggressive behaviour when his clozapine levels dropped.

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

The Board ordered a continued detention disposition with privileges up to and including community living in approved accommodation, supporting a gradual transition to a group home.

The accused was found not criminally responsible for arson and other offences.

The Ontario Review Board held an initial review hearing under s. 672.81(1) of the Criminal Code.

The Board found that the accused continues to pose a significant threat to the safety of the public due to his schizoaffective disorder, history of treatment non-compliance, and risk of aggressive behaviour.

The Board ordered a Detention Disposition to allow the hospital to manage his risk and treatment, including the ability to readmit him expeditiously if his mental state deteriorates in the community.

The accused, previously found not criminally responsible for assault, was subject to a mandatory annual review hearing before the Ontario Review Board.

The accused suffers from Huntington's Disease with neurocognitive decline, leading to severe agitation and aggression requiring mechanical and chemical restraints.

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

The Board ordered the continuation of the existing Detention Order Disposition with no changes to its terms and conditions.

The accused was previously found unfit to stand trial on a charge of aggravated assault.

At his initial Ontario Review Board hearing, the hospital and the Crown submitted that the accused was now fit to stand trial and sought a keep fit order detaining him in hospital pending his return to court.

The accused agreed he was fit but opposed the keep fit order.

The Board found the accused fit to stand trial, noting his ability to answer the Taylor test questions and understand the proceedings.

Given his history of fluctuating fitness and the stabilizing effect of the hospital environment, the Board ordered that he be sent back to court without delay and remain subject to the Warrant of Committal in hospital to maintain his fitness.

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

The accused, diagnosed with treatment-resistant schizophrenia, continues to experience command hallucinations directing him to attack others.

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

The Board ordered that the accused remain detained at the high secure forensic program at Waypoint Centre for Mental Health Care, finding it the least onerous and least restrictive disposition necessary to manage his risk.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assaulting a peace officer.

The accused suffers from schizophrenia, substance use disorders, and a traumatic brain injury, and requires ongoing seclusion due to violent behaviour.

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

The Board ordered a continued Detention Disposition with privileges and directed the preparation of a Gladue Report for the next annual hearing.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment, indecent acts, and assault causing bodily harm.

The hospital, Crown, and accused jointly submitted that the accused remained a significant threat to public safety but had made sufficient progress to warrant a transfer from a high secure to a medium secure facility.

The Board accepted the uncontroverted evidence of the treating psychiatrist that the accused's risk could be managed at a medium secure hospital.

The Board ordered the accused's detention at St. Joseph's Healthcare Hamilton with escorted hospital and grounds privileges.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for sexual assault.

The hospital and the Attorney General recommended maintaining the current detention disposition at a high secure facility, while the accused sought a transfer to a medium security facility.

Relying on uncontroverted psychiatric evidence that the accused remained volatile, frequently non-compliant with medication, and lacked insight, the Board found he continued to pose a significant threat to public safety.

The Board ordered his continued detention at the Waypoint Centre for Mental Health Care with no changes to his privileges.

The Ontario Review Board held an initial hearing to determine whether the accused, who had previously been found unfit to stand trial on charges including assault with a weapon, was now fit.

Based on the joint submission of the parties and the psychiatric evidence that the accused's condition had significantly improved with antipsychotic medication, the Board found the accused fit to stand trial.

To ensure his fitness is maintained prior to trial, the Board issued a Keep Fit Order and directed that he remain detained at the hospital pending his return to court.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for breach of probation.

The accused, diagnosed with pedophilia and a moderate intellectual developmental disorder, resides in a structured forensic psychiatric program.

The Board accepted uncontroverted medical evidence that the accused continues to pose a significant threat to public safety due to sexually-related risk of aggression and affective instability.

The Board ordered that the accused remain subject to a Detention Disposition with no changes to his privileges.

The Ontario Review Board held a mandatory annual review hearing for the accused, who was previously found not criminally responsible for uttering threats and interference with property.

The accused suffers from schizoaffective disorder and a stimulant use disorder.

While his psychotic symptoms are well-managed on medication, he recently relapsed into substance use and was involved in an altercation with a co-patient.

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

The Board ordered the continuation of his existing Detention Order Disposition with no changes to its terms and conditions, while supporting a gradual transition plan into the community.

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.

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

The hospital and the accused submitted that he no longer posed a significant threat to public safety, noting his three years of sobriety, stable mental state, and strong community support.

The Crown ultimately agreed.

Applying the Winko test, the Board found that the accused no longer posed a significant threat to public safety and ordered an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for three counts of first-degree murder due to schizophrenia.

The hospital and the Crown recommended a continued detention order with reduced reporting requirements and the removal of substance testing conditions, to which the accused consented.

The Board found that the accused continues to pose a significant threat to public safety due to his treatment-resistant illness and risk of rapid decompensation.

The Board ordered continued detention with the recommended changes to allow for gradual community reintegration.

The accused was found not criminally responsible for violent offences including aggravated assault and attempt murder.

At the initial disposition hearing, the Ontario Review Board found that the accused continues to pose a significant threat to public safety due to schizophrenia, cannabis use disorder, and antisocial personality traits.

The Board ordered a detention disposition at the hospital, declining to specify a unit but restricting any future community living placement to 24/7 supervised accommodation approved by the person in charge.

The Ontario Review Board held an early review hearing for the accused, who was previously found not criminally responsible for mischief and assault charges due to schizophrenia.

The hospital requested the early review, noting the accused's stability and compliance with long-acting injectable antipsychotic medication.

All parties supported an absolute discharge.

The Board applied the Winko test and found that the accused no longer poses a significant threat to the safety of the public, citing his treatment compliance, mental stability, insight, and successful community living.

An absolute discharge was ordered.