The Ontario Review Board held an annual hearing for an accused previously found unfit to stand trial on a charge of assault causing bodily harm.
The accused, who suffers from schizophrenia and obsessive-compulsive disorder, did not attend the hearing.
Applying the recent Supreme Court of Canada decision in R. v. Bharwani, the Board found the accused lacked a reality-based understanding to instruct counsel and remained unfit to stand trial.
The Board accepted uncontroverted medical evidence that the accused continues to pose a significant threat to public safety due to ongoing aggressive behaviours.
The Board maintained the detention disposition at the forensic psychiatric facility, with privileges for supervised community living, concluding a conditional discharge was inappropriate given the instability of the accused's mental state.