R. Bigelow

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

The accused, diagnosed with schizophrenia and a neurocognitive disorder, remained stable in a hospital setting but continued to experience symptoms and lacked insight.

The treatment team opined that she required a 24/7 supervised setting, such as a long-term care facility, but none was currently available.

The Board found that the accused continued to represent a significant threat to public safety and ordered the continuation of her detention disposition without change, while noting concerns about bureaucratic delays in securing a long-term care placement.

The Ontario Review Board held a mandatory annual hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for mischief and arson.

The accused has schizophrenia and a substance use disorder, both currently in remission.

The treatment team and all parties recommended continuing the conditional discharge but removing the condition requiring abstention from intoxicants, as the accused had been abstinent for five years and compliant with treatment.

The Board found the accused still posed a significant threat to public safety but agreed that the proposed disposition was the least onerous and least restrictive option.

The conditional discharge was continued with the abstention condition removed.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for sexual assault and failing to comply with probation.

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

The Hospital and Attorney General opposed, recommending a continued conditional discharge with reduced reporting requirements.

The Board found that despite significant progress and five years of substance abstinence, the accused continued to pose a significant threat due to his schizoaffective disorder, lack of a realistic community support plan, and limited insight into his index offences and potential for violence.

The Board ordered a continuation of the conditional discharge but varied the terms to reduce reporting frequency, remove the specific residence requirement, and remove the mandatory medication condition.

The Ontario Review Board held a mandatory hearing to review the accused's fitness to stand trial and her Disposition regarding a charge of attempted murder.

The attending psychiatrist testified that the accused remains unfit to stand trial due to cognitive impairments and symptoms, but suggested she may have been misdiagnosed with an intellectual disability and could potentially regain fitness with trauma-informed treatment.

The Board found the accused remains unfit to stand trial and ordered the continuation of her Detention Order, while expanding her geographic area for community living to the province of Ontario to facilitate future supported housing placements.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for break and enter with intent.

The accused has a history of schizoaffective disorder, personality disorders, and substance abuse.

The treatment team reported improvements in the accused's insight and medication compliance, and recommended continuing the Detention Order with increased privileges, including indirectly supervised passes and community living.

The Board found that the accused continues to pose a significant threat to public safety and ordered the continuation of the Detention Order with the recommended additional privileges to assist with gradual community reintegration.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for dangerous operation, break and enter, and assault.

The accused, diagnosed with Bipolar Disorder, had recently stabilized following medication optimization, including a long-acting injectable antipsychotic.

The Board accepted the attending psychiatrist's evidence that while the accused's risk had lowered, he continued to pose a significant threat to public safety due to his history of decompensation, non-compliance, and the recency of his improvements.

The Board ordered the continuation of the Conditional Discharge with modifications, removing the residence and abstain conditions and reducing reporting requirements, but retained the no-contact conditions regarding the victims.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for various offences including robbery and assault with a weapon.

The hospital and the Attorney General recommended a continuation of the Detention Order with expanded privileges, including the removal of the substance abstain clause to test the accused's ability to cope in the community.

The accused's counsel agreed with the joint submission.

The Board found that the accused continues to pose a significant threat to public safety due to her severe mental illness, history of substance abuse, and underdeveloped insight.

The Board ordered the continuation of the Detention Order with the recommended changes, and directed the preparation of a Gladue Report for the next hearing.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for breaking and entering.

The accused, diagnosed with schizophrenia and substance use disorder, had been abstinent for eight years and sought the removal of the abstain clause from his disposition.

The Board found that the accused continues to pose a significant threat to public safety due to his underdeveloped insight and history of substance abuse linked to his offending behaviour.

The Board ordered the continuation of the detention order with added indirectly supervised passes and an expanded geographical area for community living, but declined to remove the abstain clause, finding it necessary to support his reintegration and protect the public.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for weapons and threat offences.

The accused sought an absolute discharge, while the hospital and Attorney General recommended continuing the detention order.

The Board found that the accused, who suffers from treatment-resistant schizoaffective disorder and lacks insight into his illness, continues to pose a significant threat to public safety.

The Board ordered the continuation of the detention order, finding it to be the least onerous and least restrictive disposition necessary to manage his risk.

The Ontario Review Board held a mandatory annual review hearing for the accused, who was previously found unfit to stand trial on charges including sexual assault and criminal harassment.

The accused is currently diagnosed with schizophrenia, substance use disorder, and an intellectual disability.

Based on the evidence of the treating psychiatrist, the Board found that the accused continues to be unfit to stand trial as he does not understand the nature or object of the proceedings or the possible consequences.

The Board ordered that the accused remain subject to a detention order at the hospital, finding that he continues to pose a significant threat to public safety and requires close supervision.

The Ontario Review Board conducted an annual review for an accused previously found not criminally responsible for uttering threats, assaulting a peace officer, and escaping lawful custody.

The accused, diagnosed with schizophrenia and substance use disorder, had demonstrated sustained stability, abstinence from substances, and compliance with treatment while living in the community.

The Board, applying the Winko framework, concluded that the accused no longer posed a significant threat to the safety of the public and granted an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for various offences including robbery and weapons offences.

The accused, who suffers from chronic, treatment-resistant schizophrenia, did not attend the hearing but was represented by counsel.

The Board accepted the joint submission of the parties and the evidence of the treating psychiatrist that the accused continues to represent a significant threat to public safety due to ongoing psychotic symptoms, medication nonadherence, and lack of insight.

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

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for criminal harassment and failing to comply with court orders.

The accused, diagnosed with Delusional Disorder, continues to experience fixed delusions regarding his ex-wife and lacks insight into his illness.

The Board accepted the joint submission and the attending psychiatrist's evidence that the accused remains a significant threat to public safety.

The Board ordered the continuation of the Detention Order with added privileges for indirectly supervised passes and community living to facilitate gradual reintegration.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for mischief and failing to comply with a release order.

The accused, diagnosed with schizophrenia and substance use disorders, had recently been involved in methamphetamine use on the hospital unit.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his mental illness, history of nonadherence to treatment, and recent substance use.

The Board ordered a continuation of the detention order with the addition of indirectly supervised passes to allow for gradual community reintegration.

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

The accused had recently experienced a restriction of liberties after testing positive for fentanyl and cannabis, accompanied by signs of mental decompensation.

The Board found that the accused continues to pose a significant threat to public safety due to his schizophrenia, substance use disorders, and history of non-adherence to treatment.

The Board ordered the continuation of his detention at the hospital with minor modifications to his pass privileges, and confirmed that the recent restriction of his liberties was necessary and appropriate.

The Ontario Review Board held a hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for assault causing bodily harm.

The accused, diagnosed with schizophrenia, had recently experienced a decline in physical health and cognition, leading to falls and a brief unauthorized absence from his long-term care home, resulting in readmission to the hospital.

The Board found that the accused continues to pose a significant threat to public safety due to his major mental illness, lack of insight, and need for supervision.

The Board ordered the continuation of the current conditional discharge without changes, finding it to be the least onerous and least restrictive disposition.

The Ontario Review Board held an initial hearing to determine whether the accused, who was previously found unfit to stand trial on a charge of aggravated assault, continued to be unfit and to determine the appropriate disposition.

The accused, suffering from Korsakoff's Dementia, was unable to participate and the hearing proceeded in her absence.

Based on the medical evidence and a joint submission, the Board found the accused remains unfit to stand trial and granted a conditional discharge, allowing her to remain at her current long-term care facility with a weapons prohibition and a no-contact order.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for invitation to sexual touching and break and enter.

The accused sought a discharge on conditions, while the hospital and Crown sought a continuation of the detention order.

The Board found that the accused, who suffers from schizoaffective disorder, substance use disorder, and paraphilia, continues to pose a significant threat to public safety.

The Board concluded that a detention order remained the least onerous and least restrictive disposition necessary to manage his risk, as he requires close supervision to ensure medication compliance.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for attempted murder and assault with a weapon.

The accused, diagnosed with schizophrenia, had been compliant with medication in the hospital but lacked full insight into his illness and had a history of nonadherence.

The Board found that the accused continued to represent a significant threat to the safety of the public.

The Board ordered the continuation of the detention order at the hospital, with minor modifications to allow for potential future community living options, as it was the least onerous and least restrictive disposition necessary.

The Ontario Review Board held an annual review hearing for the accused, who was found not criminally responsible for first-degree murder in the death of his infant child.

The accused suffers from bipolar disorder with psychotic features.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his major mental illness, lack of community testing, and the severe violence of the index offence.

The Board ordered the continuation of the current detention order with additional privileges to allow for gradual, supervised reintegration into his home community.