P.L. Darby

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

The accused had remained stable in a high-secure forensic facility, complying with treatment and developing insight into his bipolar disorder and substance use issues.

The Board found that the accused continues to pose a significant threat to public safety due to his history of rapid decompensation and severe violence when unwell.

However, accepting the joint position of the parties and the uncontroverted medical evidence, the Board ordered the accused transferred to a medium-secure setting at Ontario Shores Centre for Mental Health Sciences with privileges including indirectly supervised community passes.

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.

The Ontario Review Board conducted a mandatory annual review of the accused, who was previously found not criminally responsible for murder and other offences.

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

Based on psychiatric evidence and the joint submission of the parties, the Board found that the accused continues to pose a significant threat to public safety due to his history of severe violence and risk of substance relapse.

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

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for various offences.

The accused, diagnosed with schizoaffective disorder and cannabis use disorder, had recently decompensated due to medication nonadherence and exhibited aggressive behaviour towards hospital staff.

Relying on expert psychiatric evidence, the Board found that the accused remains a significant threat to public safety and would likely deteriorate further without supervision.

The Board ordered the continuation of the existing Detention Order.

The accused was found not criminally responsible on account of mental disorder for aggravated assault and assault causing bodily harm after stabbing two family members while experiencing persecutory delusions.

At the initial disposition hearing, the Ontario Review Board considered expert psychiatric evidence indicating the accused's ongoing symptoms of schizophrenia, impulsivity, and sexually disinhibited behaviour.

Applying the Winko framework, the Board concluded the accused remains a significant threat to public safety.

A Detention Order at the hospital was issued, as community living was deemed premature while his medication regimen is being optimized.

During an annual review hearing for an accused found not criminally responsible, the accused requested an independent assessment to help establish parameters for managing his transition out of long-term seclusion.

The accused had been in seclusion for over six years due to treatment-resistant schizophrenia and a refusal to take oral medications.

The Ontario Review Board ordered a single independent assessment pursuant to s. 672.121(b) of the Criminal Code to identify more effective treatment and management strategies to assist the Board in making a disposition.

The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found unfit to stand trial on charges including break and enter and mischief.

Relying on psychiatric evidence, the Board found that the accused remains unfit to stand trial, likely permanently, due to intellectual disability and severe anxiety that prevent her from understanding court processes.

Balancing the accused's liberty interests with public safety, the Board concluded that she continues to pose a significant threat to the public and ordered the continuation of her detention order at the psychiatric hospital, with provisions for supervised community access.

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

The accused, diagnosed with schizophrenia and substance use disorders, had shown clinical stability and improvement in a structured hospital setting.

However, the Board found that he continues to pose a significant threat to public safety due to his history of violence, untreated psychosis, and the lack of established long-term medication adherence in the community.

The Board concluded that the least onerous and least restrictive disposition is a continuation of the existing detention order, with privileges up to and including living in approved, supervised community accommodations.

The Ontario Review Board conducted a mandatory review of the disposition for an accused found not criminally responsible for assault.

The accused, diagnosed with Schizoaffective Disorder and Polysubstance Abuse Disorder, is currently detained at a mental health centre.

The Board found that the accused continues to pose a significant threat to public safety due to persistent psychotic symptoms, limited insight, and the risk of medication non-compliance if discharged.

The Board ordered the continuation of the current detention order with existing community privileges, finding it to be the least onerous and least restrictive disposition.

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

The accused, diagnosed with schizoaffective disorder and paraphilia, continues to experience chronic paranoid delusions, hallucinations, and episodes of agitation despite treatment, including electroconvulsive therapy.

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

Concluding that the current disposition is the least onerous and least restrictive option, the Board ordered the accused's continued detention at the high secure forensic hospital.

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

The accused, diagnosed with treatment-resistant schizophrenia, continues to experience persistent psychotic symptoms and refuses clozapine or electroconvulsive therapy.

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

Applying the least onerous and least restrictive principle, the Board concluded that continued detention in the high secure forensic program at Waypoint Centre for Mental Health Care remains the necessary and appropriate disposition.

The Ontario Review Board held a hearing to review the disposition of the accused, who was previously found unfit to stand trial on charges of sexual assault and assault.

The accused suffers from schizophrenia, intellectual disability, and a traumatic brain injury.

Applying the test from R. v. Bharwani, the Board found the accused remains permanently unfit to stand trial as he lacks a basic, reality-based understanding of the proceedings.

Given his ongoing psychotic symptoms, cognitive deficits, and risk of sudden behavioural escalation, the Board concluded he presents a significant threat to public safety and ordered his continued detention at a high-secure forensic hospital.

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

The accused, diagnosed with schizophrenia, had been living in a group home and demonstrated clinical stability over the review period.

All parties made a joint submission for a conditional discharge.

The Board found that while the accused continues to pose a significant threat to public safety, the risk is manageable in the community.

The Board ordered a conditional discharge with specified conditions.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for two counts of second-degree murder.

The accused had recently assaulted his attending psychiatrist with a concealed weapon and remained in seclusion, refusing to engage with treatment staff while researching knives on the internet.

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

The Board ordered the continuation of the existing Detention Order at the high-secure provincial forensic program without change.

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

The accused suffers from schizophrenia and autism spectrum disorder.

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

However, as the accused's symptoms are currently managed with long-acting injectable medication and he has not exhibited aggressive behaviour, the Board ordered his transfer from a high-security forensic hospital to a less secure forensic facility, representing the least onerous and least restrictive disposition.

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

The accused, diagnosed with treatment-resistant schizoaffective disorder, did not attend the hearing due to the risk of violent behaviour.

The Board found that the accused continues to pose a significant threat to public safety due to ongoing regressive behaviours, a history of aggression, and persistent psychiatric symptoms requiring seclusion.

The Board ordered that the accused remain detained at the high-secure forensic hospital, concluding that a less secure environment would be inappropriate and unsafe.

The Ontario Review Board held a hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for assault with a weapon and assaulting police officers.

The Hospital and the Attorney General argued that the accused continues to pose a significant threat to public safety and requires ongoing monitoring, while the accused sought an absolute discharge.

The Board found that the accused's history of non-compliance with medication, lack of engagement with recommended therapies, and the severity of the index offences indicate a continuing significant threat.

The Board ordered a continuation of the conditional discharge with increased travel privileges.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment and mischief.

The accused, diagnosed with Bipolar Disorder, had been managed in the community on a conditional discharge but continued to experience seasonal fluctuations in mental status requiring significant support.

Accepting the joint submission of the parties and the evidence of the treating psychiatrist, the Board found the accused remained a significant threat to public safety.

The Board ordered the continuation of the conditional discharge with a modified reporting requirement.

The Ontario Review Board conducted an annual review and a restriction of liberty review for an accused found not criminally responsible for second-degree murder.

The accused, diagnosed with treatment-resistant schizophrenia, had been placed in seclusion for over seven days due to aggressive behaviour and medication noncompliance.

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

The Board concluded that the initial decision to seclude the accused and the ongoing restriction of liberty were necessary, appropriate, and represented the least restrictive measures available to manage his risk.

The Board ordered the continuation of the current detention order at the high secure forensic program.

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 schizophrenia, a neurocognitive disorder, and antisocial personality disorder, sought to reside in the community with his mother.

The hospital and the Attorney General submitted that he should continue to reside at his current highly supervised residence.

The Board found that the accused remains a significant threat to public safety due to his cognitive challenges and history of aggressive behaviour.

The Board ordered the continuation of the current detention order, concluding that the accused requires significant day-to-day support and supervision that his mother could not provide.