P. Darby

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

The accused, previously found not criminally responsible for murder and other offences, was detained at a high secure forensic hospital.

All parties jointly submitted that the accused should be transferred to a medium secure facility.

The Board found that the accused continues to represent a significant threat to public safety due to his maladaptive personality traits, cannabis use disorder, and lack of meaningful engagement in treatment.

The Board rejected the joint submission, concluding that a continuation of the detention order at the high secure facility was the necessary and appropriate disposition to manage his risk.

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

The accused, diagnosed with treatment-resistant schizophrenia, had a history of severe psychotic decompensation, unpredictable violence, and treatment noncompliance.

Although the accused showed recent improvements following adjustments to his medication and electroconvulsive therapy, the Board accepted the attending psychiatrist's evidence that the stability was recent and achieved under maximal containment conditions.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered the continuation of the existing Detention Order at the high secure forensic program.

The accused, previously found not criminally responsible for attempted murder, appeared before the Ontario Review Board for an annual review.

The Board considered whether he continued to pose a significant threat to public safety.

Evidence from the hospital and his attending psychiatrist demonstrated sustained psychiatric stability, complete abstinence from substances, excellent insight, and strong family support.

The Board applied the Winko framework and concluded the accused no longer posed a significant threat.

An absolute discharge was granted.

The Ontario Review Board conducted a mandatory annual review for an accused found not criminally responsible for violent offences due to treatment-resistant schizophrenia.

Despite a joint submission from the hospital, Crown, and accused supporting a transfer to a less secure facility, the Board found the transfer premature.

The Board noted the accused's fragile clinical stability, recent episodes of aggression, and history of rapid decompensation when medication monitoring was reduced.

The Board ordered continued detention at the high-secure facility with a weapons prohibition.

The accused was found not criminally responsible for dangerous driving causing death following a single psychotic episode.

At her annual Review Board hearing, the hospital and her counsel sought an absolute discharge, while the Attorney General sought a conditional discharge.

The Board excused the accused during the reading of Victim Impact Statements to protect her mental health.

Relying on psychiatric evidence that the accused no longer had an active psychiatric diagnosis, had been stable off antipsychotic medication for over two years, and had developed strong insight and community supports, the Board concluded she no longer posed a significant threat to public safety.

An absolute discharge was granted.

The accused was found unfit to stand trial on charges of resisting a peace officer and theft.

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

The Board found that the accused remains unfit to stand trial due to his inability to communicate or participate in the court process.

A Detention Order to a high secure forensic program was issued with conditions, including prohibitions on weapons, incendiary devices, and substance use, to manage his risk.

The accused, previously found not criminally responsible for second-degree murder, appeared before the Ontario Review Board for an annual review of his disposition.

The accused brought motions arguing the Board lost jurisdiction due to delay and alleging bias and misconduct by the clinical team and Board members.

The Board dismissed the motions, finding the delays were necessary to protect the accused's rights and the other issues were beyond its jurisdiction or previously decided.

On the merits, the Board accepted the attending psychiatrist's evidence that the accused remains a significant threat to public safety due to untreated schizophrenia and ongoing paranoid ideation.

The Board ordered the continuation of the existing Detention Order at a high secure facility.

The Ontario Review Board held an annual review for the accused, who was previously found unfit to stand trial on various charges.

The hospital brought a preliminary motion to withhold certain disposition information from the accused, which the Board granted, finding that disclosure would likely endanger safety or impair recovery.

The Board concluded the accused remains unfit to stand trial due to treatment-resistant schizophrenia and ordered his continued detention at the high-secure forensic program at Waypoint, noting the ongoing need for seclusion but acknowledging recent improvements.

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

The Board found that the accused remains a significant threat to public safety due to his intellectual disability, autism spectrum disorder, and history of unpredictable aggression.

While the accused is ready for community living, appropriate housing is unavailable.

The Board ordered continued detention at the high-secure forensic program but directed a prehearing conference to address the Ministry's delay in funding a specialized residential placement.

The Ontario Review Board held an annual review for an accused found unfit to stand trial on an assault charge.

The accused, who suffers from schizophrenia and experiences command hallucinations, has been detained in a high-secure forensic program and kept in seclusion due to unpredictable physical aggression.

The Board found that the accused remained unfit to stand trial and ordered his continued detention at the hospital as the necessary and appropriate disposition.

Additionally, the Board ordered an independent assessment by a criminologist to provide new perspectives on managing the accused's condition and reducing his seclusion, with an early review hearing to follow.

At an annual review hearing, the Ontario Review Board considered whether the accused, who was previously found unfit to stand trial on charges including assault and uttering threats, remained unfit.

The accused has diagnoses of schizophrenia, intellectual disability, and a substance-related disorder.

The Board accepted the treating psychiatrist's evidence that the accused remained unfit due to his inability to understand his legal situation or communicate with counsel.

The Board also concluded that a continued detention order with community living privileges was the necessary and appropriate disposition to manage the accused's risk to public safety, given his history of medication non-compliance and substance use.

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

The accused, diagnosed with schizoaffective disorder, had a history of medication non-compliance and elopement but had recently stabilized on Clozapine.

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

The Board ordered the continuation of the existing detention disposition at the Brockville Mental Health Centre.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for second-degree murder.

The hospital and the Attorney General sought a renewal of the conditional discharge, while the accused sought an absolute discharge.

The Board found that the accused continues to pose a significant threat to public safety due to his inability to recognize the onset of positive symptoms of schizophrenia and the risk of relapse if he resumes cannabis use or misses medication.

The Board renewed the conditional discharge but removed the absolute prohibition on cannabis use and certain travel pass conditions to test his internalized compliance, while emphasizing the need to transition his care to an Assertive Community Treatment Team.

The Ontario Review Board held an initial hearing for the accused, who was previously found unfit to stand trial on charges of uttering threats and mischief.

The Board accepted the treating psychiatrist's evidence that the accused remained unfit due to severe psychosis and catatonia, and could not understand the court process or communicate with counsel.

The Board concluded that the accused represented a significant threat to public safety and ordered his continued detention at the hospital with specified privileges and conditions.

The accused, who was found not criminally responsible in 2003 for various offences, was subject to a mandatory annual review hearing before the Ontario Review Board.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety due to schizophrenia, substance use disorder, and a history of elopement.

The Board ordered the continuation of the accused's detention disposition at the Brockville Mental Health Centre, with privileges up to and including living in the community in approved accommodation.

The Ontario Review Board conducted an annual review hearing for the accused, who was previously found not criminally responsible for assault and related charges.

The accused has diagnoses including schizophrenia and impulse control disorder, and a history of non-compliance with medication and aggressive behaviour.

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

The Board ordered a continuation of the Detention Disposition, with provisions for community re-integration as the accused awaits placement in a developmental disorders home.

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

The hospital and the Attorney General recommended a detention disposition, with the Attorney General additionally requesting a no-contact order regarding the accused's ex-partner due to homicidal ideations.

The Board found that the accused continues to pose a significant threat to public safety and ordered a detention disposition.

However, the Board declined to impose a no-contact order, finding it unnecessary and noting that it would not impact the accused's homicidal ideations.

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

The hospital and all parties jointly recommended cascading the accused from a detention order to a conditional discharge, noting his stability, compliance with treatment, and lack of recent incidents.

The Board found that the accused continues to pose a significant threat to the safety of the public due to his major mental illness and history of decompensation.

However, balancing the need to protect the public with the accused's reintegration, the Board concluded that a conditional discharge with strict conditions was the necessary and appropriate disposition.

The Ontario Review Board held a hearing to review the hospital's decision to readmit the accused, who had previously been found not criminally responsible and was living in the community.

The accused had missed appointments, refused entry to the outpatient team, and exhibited delusions and medication non-compliance.

Applying the Campbell framework, the Board found that the readmission constituted a significant increase in the restriction of the accused's liberty.

However, the Board concluded that the restriction was necessary and appropriate to protect public safety, as the accused's functioning had declined and he posed an ongoing risk.

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

The accused sought an absolute discharge, arguing he no longer posed a significant threat to public safety.

The hospital and Crown opposed, citing his history of alcohol-induced decompensation and recent breaches of his disposition.

The Board applied the Winko test and found the accused continues to pose a significant threat due to the risk of alcohol relapse leading to medication non-compliance and violence.

The Board ordered a conditional discharge, removing an unenforceable residential treatment condition.