Ruth MacIntyre

The hospital requested a Restriction of Liberty hearing after readmitting the accused, who is subject to a Detention Order, due to life-threatening hyperglycemia and inability to self-manage his Type 2 diabetes in the community.

The accused argued the restriction was unwarranted as his mental state remained stable.

The Ontario Review Board found that both the initial and ongoing restrictions of liberty were necessary, appropriate, and the least onerous and least restrictive measures, given the severe health risks, potential for psychiatric decompensation, and the loss of his community housing.