P.L. Darby

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 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 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 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 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 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 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 a hearing to determine if the accused, who is diagnosed with schizophrenia and charged with aggravated assault, was fit to stand trial.

Relying on the expert evidence of the attending psychiatrist, the Board found that the accused's negative symptoms, including poverty of thought and lack of motivation, prevented him from making reality-based decisions.

The Board concluded the accused remains unfit to stand trial and ordered the continuation of his detention disposition at the hospital as the least onerous and least restrictive disposition to manage his risk to the public.

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

The accused, diagnosed with schizophrenia, has been held in seclusion and strongly opposes long-acting injectable antipsychotic medication.

The Board accepted psychiatric evidence that the accused fabricates symptoms to avoid medication and would pose a significant threat to public safety if released from the highly structured environment.

The Board ordered the continuation of the existing Detention Disposition and maintained its recommendation for an interprovincial transfer to Philippe-Pinel.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused, who was previously found not criminally responsible for attempted murder, resides at a mental health centre and suffers from schizophrenia.

The Board accepted the joint submission of the parties and the evidence of the attending psychiatrist that the accused continues to experience auditory hallucinations and remains a significant threat to public safety.

The Board ordered the continuation of the existing detention order without change.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for multiple violent offences.

The accused continues to suffer from treatment-resistant schizoaffective disorder, lacks insight into his illness, and refuses to cooperate with blood monitoring for clozapine treatment.

The Board accepted the hospital's evidence that the accused remains a significant threat to public safety.

The Board ordered the continuation of the Detention Order at the high-secure forensic setting as the least onerous and least restrictive disposition.

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

The accused had remained abstinent from substances but urine screens indicated non-compliance with his antipsychotic medication for several months.

The Board accepted the attending psychiatrist's evidence that the accused's mental stability is contingent on medication compliance and that decompensation would increase his risk of violence, particularly because he resides with the victim of the index offence.

The Board concluded the accused remains a significant threat to public safety and ordered the continuation of his Conditional Discharge without change.

The accused, previously found not criminally responsible, was subject to a disposition allowing him to live in the community.

Following a relapse into illicit substance use, the hospital readmitted him, triggering a restriction of liberty hearing under s. 672.81(2.1) of the Criminal Code.

The Ontario Review Board applied the Campbell framework and found that the hospital's decision to readmit the accused was reasonable, warranted, and represented the least onerous and least restrictive intervention available to manage the risk to public safety.

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

The accused, who has schizophrenia, is detained at a secure forensic psychiatric facility.

The Board accepted uncontroverted expert evidence that the accused remains unable to understand court proceedings or instruct counsel, and therefore remains unfit to stand trial.

The Board further found that the accused continues to pose a significant threat to public safety, as he would likely become non-compliant with medication and decompensate if released.

The Board ordered the continuation of his detention disposition.

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

The hospital recommended continued detention with amended privileges to allow community access with approved persons.

The accused, who represented himself with the assistance of amicus curiae, argued he did not have a mental illness and requested a discharge.

The Board accepted the hospital's evidence that the accused lacked insight, remained symptomatic, and would likely decompensate without supervision.

The Board concluded the accused continued to pose a significant threat to public safety and ordered his continued detention with the requested privilege amendments.

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

The accused, diagnosed with schizophrenia and other disorders, had a difficult year marked by violence and required ongoing seclusion.

However, his mental state had recently improved with medication optimization.

The Board accepted the uncontroverted evidence of the hospital's physician that the accused continued to pose a significant threat to public safety.

The Board ordered the continuation of the existing detention disposition at the secure forensic hospital.

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

The hospital, supported by the Attorney General and the accused, recommended transferring the accused from a high secure program to a less restrictive facility due to his significant progress, medication compliance, and abstinence from substances.

The Board found that the accused continues to pose a significant threat to public safety but agreed that he no longer requires high secure detention.

The Board ordered his transfer to the Southwest Centre for Forensic Mental Health Care with specified 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 breaching probation.

The hospital and the Crown recommended continuing his detention at the Waypoint Centre for Mental Health Care, a position the accused ultimately conceded.

Relying on the hospital report and the uncontroverted expert testimony of Dr. Mishra, the Board found that the accused continues to pose a significant threat to public safety due to his treatment-refractory schizophrenia, acquired brain injury, and intellectual disability.

The Board ordered the continuation of the existing detention disposition.