S. Clapp

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for an indecent act, criminal harassment, and uttering threats.

The accused sought a Conditional 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 persistent schizophrenia, refractory psychotic symptoms, lack of insight, and history of noncompliance with treatment.

The Board concluded that a Detention Order remained the least onerous and least restrictive disposition to ensure public safety and allow for rapid readmission if necessary.

The accused, previously found not criminally responsible for assault and uttering threats, was subject to a detention disposition.

The hospital sought a renewal of the detention order, arguing that the accused's cannabis use posed a significant threat to public safety.

The Ontario Review Board found that the accused had been consistently compliant with his antipsychotic medication and had not exhibited violent behaviour since the index offences, even when using cannabis.

The Board concluded that the evidence linking his cannabis use to a substantial risk of serious harm was speculative.

Finding that the accused no longer posed a significant threat to the safety of the public, the Board granted an absolute discharge.

The accused, previously found not criminally responsible for second-degree murder, underwent an annual review by the Ontario Review Board.

Following a period of stability, the accused's behaviour severely deteriorated, resulting in assaults, threats to kill hospital staff, and the need for mechanical restraints and seclusion.

The treatment team recommended an urgent transfer to a maximum secure facility.

The Board found that the accused continues to pose a significant threat to public safety due to emotional dysregulation, treatment non-compliance, and aggressive behaviour.

The Board ordered the accused's transfer to a high secure facility under a Detention Order, concluding it was the least onerous and least restrictive disposition available to manage the acute risk.

At a preliminary hearing before the Ontario Review Board, the Attorney General sought to summons the accused's mental health records from his time in federal custody and to compel his mother to testify.

The accused opposed the summons for records.

The Board ordered the production of the psychiatric and psychological records, citing its inquisitorial role and obligation to gather relevant evidence regarding whether the accused represents a significant threat to public safety.

The parties agreed to use the mother's trial transcript instead of compelling her testimony.

The Ontario Review Board held a hearing to review a significant increase in the restrictions on the liberties of an accused found not criminally responsible.

The hospital had placed the accused in seclusion and locked his room after he engaged in an unprovoked, violent attack on a co-patient due to auditory hallucinations.

The Board found that the hospital's actions constituted a significant increase in liberty restrictions, but concluded that the measures were warranted, justified, and represented the least onerous means of managing the accused's risk to public safety.

The Ontario Review Board held a mandatory review hearing for an accused found not criminally responsible for possession of a weapon for a dangerous purpose.

The accused had a lengthy history of mental illness, substance abuse, and antisocial personality disorder, marked by repeated rule violations and bringing contraband into the hospital.

The Board accepted the joint submission of the parties, finding that the accused continued to represent a significant threat to the safety of the public.

A Detention Order was maintained as the necessary and appropriate disposition, being the least onerous and least restrictive option available to manage the accused's risk.

The accused, previously found not criminally responsible for second-degree murder, was subject to an annual review of his Conditional Discharge.

The Ontario Review Board considered whether he continued to pose a significant threat to public safety.

Relying on a joint submission and psychiatric evidence, the Board found that the accused's schizophrenia and history of violence necessitated ongoing supervision to ensure medication compliance, especially following the recent death of his mother who had been his primary support.

The Board concluded the accused remained a significant threat and ordered the continuation of his Conditional Discharge with existing conditions.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for flight from a peace officer and dangerous operation of a motor vehicle.

The accused has diagnoses of schizophrenia and polysubstance use disorder.

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

The Board ordered that the accused remain detained at the hospital with the same privileges as the previous disposition.

The Board also considered whether to order a Gladue Report given the accused's Indigenous heritage, but declined to do so at this time, noting the extensive information already available and the accused's hesitation to participate in the potentially intrusive process.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for assault with a weapon and other offences.

The accused, who has a long history of untreated schizophrenia and homelessness, sought an absolute discharge.

The hospital and Crown sought a continuation of the detention order.

The Board found that the accused continues to represent a significant threat to public safety, as she would likely decompensate and become violent if discharged without stable housing and psychiatric support.

The Board ordered a continued Detention Order with unchanged terms as the least onerous and least restrictive disposition.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for criminal harassment and related offences.

The accused suffers from schizophrenia and a cannabis use disorder, and experiences treatment-resistant delusional beliefs.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his lack of insight, stated intention to discontinue medication, and risk of resuming cannabis use.

The Board concluded that a Conditional Discharge was inadequate to manage his risk and ordered a continued Detention Order with unchanged terms to support his gradual transition to community living.

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

The accused, diagnosed with schizophrenia, had a history of non-compliance with medication and violence towards animals.

The Board accepted the joint recommendation of the parties, finding that the accused continues to represent a significant threat to the safety of the public.

The Board ordered a continuation of the Detention Order with expanded privileges, including the possibility of community living in approved accommodation, noting the accused's recent progress and medication adherence while in the hospital.

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

The accused, diagnosed with schizophrenia, had been living successfully in the community for several years and maintained medication compliance despite lacking insight into his illness.

The Board applied the Winko framework and found that the evidence did not establish that the accused continued to pose a significant threat to the safety of the public.

The Board granted an absolute discharge, noting the accused's stable housing, ongoing support from community mental health teams, and the absence of any attempts to contact the victim.

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

The accused, who has schizophrenia, an intellectual disability, and antisocial personality disorder, had a history of violence and non-compliance.

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

Accepting a joint submission, the Board ordered the continuation of the Detention Order but granted additional indirectly supervised hospital and grounds privileges, as well as accompanied community passes, to support his gradual rehabilitation.

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

The accused, diagnosed with schizophrenia and a substance use disorder, had a history of non-compliance, substance use, and elopement from the hospital.

The Board found that the accused continues to pose a significant threat to public safety due to his persistent mental illness, substance use, and risk of decompensation if not supervised.

The Board ordered the continuation of the Detention Order as the least onerous and least restrictive disposition.

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

The accused had been living in an independent apartment, remained abstinent from substances, and complied with his medication regimen.

The hospital, the Attorney General, and the accused jointly submitted that he no longer posed a significant threat to public safety.

The Board agreed, noting the accused's sustained progress, strong family support, and a robust community support plan including a Community Treatment Order.

The accused was granted an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for numerous offences including dangerous operation of a motor vehicle, arson, and robbery.

The accused, diagnosed with Bipolar Disorder and Cannabis Abuse Disorder, had been living in the community subject to a Conditional Discharge.

The Board accepted the joint submission of the parties and the evidence of the attending psychiatrist that the accused continues to pose a significant threat to public safety due to his fragile mental state, susceptibility to stress, and risk of relapse into substance use and medication non-adherence.

The Board ordered a continuation of the Conditional Discharge with a reduced reporting requirement of not less than once per month.

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

The accused had made significant progress, remained stable on medication, and abstained from substances while detained at the hospital with community living privileges.

The Board found that the accused continues to pose a significant threat to public safety but concluded that his risk could now be safely managed in the community.

The Board ordered a Conditional Discharge with strict conditions, including residence requirements and ongoing psychiatric oversight.

The Ontario Review Board conducted an annual review for an accused previously found not criminally responsible for aggravated assault.

The treatment team and all parties jointly submitted that while the accused continues to pose a significant threat to public safety due to schizophrenia and substance use disorders, his risk could now be managed in the community.

The Board accepted the joint submission, noting the accused's progress, medication adherence, and successful transition to supported housing, and granted a Conditional Discharge subject to conditions including abstaining from intoxicants and residing in supported accommodation.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for uttering threats.

The accused sought an absolute discharge, supported by his treating psychologist, while the attending psychiatrist and the hospital argued he remained a significant threat to public safety due to his history of cannabis-induced psychosis and lack of community psychiatric follow-up.

The Board found that the accused continues to pose a significant threat to public safety, citing his rapid decompensation following a previous absolute discharge and the ongoing risks associated with potential cannabis use.

The Board ordered the continuation of the conditional discharge with a reduction in reporting requirements.

The accused was found not criminally responsible for dangerous operation causing death after driving through a stop sign at high speed and striking a motorcyclist.

At her initial Ontario Review Board disposition hearing, the panel found she poses a significant threat to public safety due to her Schizoaffective Disorder, history of medication nonadherence, and risk of psychotic relapse.

The Board ordered her detained at the Forensic Psychiatry Program with community living privileges, subject to strict conditions including substance abstinence and a driving prohibition.