S. Clapp

The accused was found unfit to stand trial on charges of resisting a peace officer and theft.

The Ontario Review Board held a disposition hearing to review his fitness.

The Board found that the accused remains unfit to stand trial due to his inability to communicate or participate in the court process.

A Detention Order to a high secure forensic program was issued with conditions, including prohibitions on weapons, incendiary devices, and substance use, to manage his risk.

The accused, previously found not criminally responsible for second-degree murder, appeared before the Ontario Review Board for an annual review of his disposition.

The accused brought motions arguing the Board lost jurisdiction due to delay and alleging bias and misconduct by the clinical team and Board members.

The Board dismissed the motions, finding the delays were necessary to protect the accused's rights and the other issues were beyond its jurisdiction or previously decided.

On the merits, the Board accepted the attending psychiatrist's evidence that the accused remains a significant threat to public safety due to untreated schizophrenia and ongoing paranoid ideation.

The Board ordered the continuation of the existing Detention Order at a high secure facility.

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

The accused, who was found not criminally responsible for forceable entry, has schizophrenia and continues to experience fixed delusional beliefs, including that he is God.

He lacks insight into his illness and stated he would stop taking medication if granted an absolute discharge.

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

The Board ordered the continuation of the existing Detention Order, with an amendment requiring the accused to report to the hospital at least four times per month when living in the community.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault causing bodily harm.

The accused, diagnosed with schizophrenia and substance use disorder, continued to experience grandiose and persecutory delusions, lacked insight into his illness, and engaged in rule-breaking behaviour.

The Board found that the accused remained a significant threat to public safety and ordered the continuation of his detention order, adding a condition that he reside in supervised accommodation when living in the community.

The Ontario Review Board held an annual review of the disposition for an accused found not criminally responsible for arson.

The accused, who suffers from Parkinson's Disease and had experienced delirium, was living in an assisted living facility with 24/7 support.

The hospital and the Attorney General sought a conditional discharge, while the accused sought an absolute discharge.

Applying the Winko test, the Board found that the accused's risk factors were well managed in the community and that he no longer posed a significant threat to public safety.

The Board granted an absolute discharge.

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

The accused sought an absolute discharge, while the hospital and Attorney General sought a continuation of the detention order.

The Board found that the accused continues to pose a significant threat to public safety due to his schizophrenia, substance use disorder, and ongoing sexually inappropriate behaviours and rule violations in the hospital.

The Board ordered the continuation of the detention order as the least onerous and least restrictive disposition.

The Ontario Review Board held a mandatory hearing to review the accused's fitness to stand trial and her disposition.

The accused, who has schizophrenia, was previously found unfit to stand trial on charges including assault with a weapon.

Despite some clinical improvements, the accused continued to experience active delusions, lacked insight into her mental illness, and adamantly denied having any outstanding charges.

The Board accepted the attending psychiatrist's evidence and found that the accused remained unfit to stand trial as she could not meaningfully instruct counsel.

The Board concluded that the accused continued to pose a significant threat to public safety and ordered the continuation of her Detention Order as the least onerous and least restrictive disposition.

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

The accused, diagnosed with Schizoaffective Disorder, Bipolar Type, did not attend the hearing.

Based on the hospital report and the testimony of the attending psychiatrist, the Board found that the accused remains permanently unfit to stand trial due to severe thought disorganization and delusional ideations.

The Board also concluded that the accused remains a significant threat to public safety, as he would likely stop taking his medication and decompensate if released.

The Board ordered the continuation of the existing Detention Order, with additional terms allowing for indirectly supervised community passes and community living to facilitate placement on housing waiting lists.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault and breach of probation.

The accused, who has schizophrenia and a history of substance abuse, has been subject to a Conditional Discharge and living in the community for many years.

While stable and compliant with treatment, the accused continues to lack insight into his mental illness and stated he would stop taking medication if granted an absolute discharge.

The Board accepted psychiatric evidence that without supervision, the accused would likely decompensate and pose a significant threat to public safety.

The Board ordered the continuation of the existing Conditional Discharge.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for assault with a weapon.

The accused has diagnoses of schizophrenia and polysubstance use disorder.

Despite psychiatric stability, the accused had recurrent substance use and engaged in fraudulent financial behaviour.

The Board accepted the joint recommendation that the accused continues to pose a significant threat to public safety and ordered the continuation of the existing Detention Order.

Prior to an annual review hearing before the Ontario Review Board, preliminary motions were heard regarding the disclosure of documents.

The accused sought disclosure of a seclusion consult report (the Ball Summary), which the Board ordered disclosed.

The hospital brought a motion under s. 672.51(3) of the Criminal Code to withhold unredacted versions of the Ball Summary and an updated external seclusion report from the accused.

The Board granted the hospital's motion, finding that disclosure of the redacted information would likely endanger the life or safety of another person or seriously impair the treatment or recovery of the accused.

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

The accused, diagnosed with schizophrenia, had a history of treatment non-compliance and substance abuse.

The hospital recommended a continued detention disposition with an increased reporting frequency, while working towards a community housing placement.

The Board accepted the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety.

The Board ordered a detention disposition with privileges up to living in the community, emphasizing the need for a cautious approach to his transition to less structured housing.

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

The accused has diagnoses of schizoaffective disorder, intellectual disability, and substance use disorders, and has a history of violent conduct while under the Board's jurisdiction.

The Board found that the accused continues to pose a significant threat to the safety of the public, as he would likely become non-compliant with medication and relapse into substance use without supervision.

The Board ordered the continuation of the current detention disposition, denying the accused's request to amend the disposition to allow the use of cannabis under medical supervision.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for assault with a weapon and assault.

The accused, diagnosed with schizophrenia, had a successful year in the community with no hospital readmissions, maintained abstinence, and complied with treatment.

The Board accepted the attending psychiatrist's uncontroverted evidence that the accused's mental state remains fragile and he would rapidly decompensate without forensic oversight.

The Board found the accused continues to pose a significant threat to public safety and ordered a loosened conditional discharge.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for assaulting a peace officer.

The Board found the accused continues to pose a significant threat to public safety due to ongoing substance use, lack of insight, and risk of decompensation if unsupervised.

The Board ordered a Detention Disposition with a transfer to the Brébeuf program at Waypoint Centre for Mental Health Care, restricting travel passes to Southern Ontario to prioritize rehabilitation and community reintegration with family support.

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

The accused suffers from schizoaffective disorder and an unspecified paraphilic disorder, and continues to exhibit sexually inappropriate behaviour towards female staff.

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

The Board ordered the continuation of the existing detention disposition at the hospital, finding it necessary to manage her risk while efforts continue to find appropriate community housing.

The Ontario Review Board held a mandatory annual review hearing for an accused found not guilty by reason of insanity for second-degree murder in 1987.

The accused, who suffers from treatment-resistant schizophrenia, sought an independent housing assessment, arguing a residential impasse existed under the Shortt framework.

The Board found that the accused continues to pose a significant threat to public safety due to the risk of decompensation and violence if unmedicated.

The Board renewed the detention disposition but expanded the geographic scope for supervised community accommodation to all of Southern Ontario, finding that an independent housing assessment was currently unwarranted given the hospital's ongoing placement efforts.

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

The accused sought an absolute discharge to live with his father, the victim of the index offence.

The hospital and Crown recommended a renewed detention order with community living privileges in Hamilton.

Relying on the expert evidence of the attending psychiatrist, the Board found the accused continues to pose a significant threat to public safety due to his treatment-resistant schizoaffective disorder, limited insight, and risk of rapid decompensation if non-compliant with medication.

The Board renewed the detention order with added community living provisions and removed the incendiary device prohibition.

The Ontario Review Board held a hearing to review the hospital's decision to readmit the accused and restrict his liberties following a positive urine drug screen for methamphetamines.

The accused, who has a history of substance-induced psychosis and schizophrenia, denied substance use and alleged his urine samples were tampered with.

The Board found the accused's testimony lacked credibility and upheld the hospital's decision, concluding that the readmission and ongoing restriction of liberties were warranted and represented the least restrictive means to stabilize his mental state and manage his risk to public safety.

The Ontario Review Board held an annual hearing for an accused previously found unfit to stand trial on charges of uttering threats and forcible confinement.

The accused, diagnosed with schizophrenia, continued to experience grandiose delusions and believed his charges were resolved.

Applying the Supreme Court's recent decision in Bharwani, the Board found the accused remained unfit to stand trial.

The Board also found he continued to pose a significant threat to public safety.

The Board ordered the continuation of his detention at the hospital, but granted an expansion of privileges to include indirectly supervised community passes, subject to mental state monitoring and random drug screening.