S. Doherty

The Ontario Review Board held a hearing to review the restriction of liberty of an accused found not criminally responsible, who had been placed in seclusion at the Waypoint Centre for Mental Health Care.

The accused, who has schizophrenia and a history of violence, was placed in seclusion after his mental state decompensated and he refused medication.

The Board heard evidence from the treating psychiatrist that the seclusion remained necessary due to the accused's risk, though he was showing improvement after starting injectable medication.

The Board concluded that the restriction of liberty was justified, necessary, and the least onerous and least restrictive placement available.

The Ontario Review Board held a hearing to review a significant restriction of liberty after the accused, who was found not criminally responsible, was placed in seclusion for over seven days.

The hospital presented evidence that the accused posed a constant risk to female staff and that seclusion was the only viable option until his medication was adjusted.

The Board accepted the hospital's evidence without reservation, finding that the seclusion from November 11 to December 23, 2025, was warranted and represented the least onerous and least restrictive decision available to protect public safety.

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 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 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 was found unfit to stand trial on charges of assault with a weapon and referred to the Ontario Review Board.

Following a hearing where psychiatric evidence was presented, the Board found that the accused remains unfit to stand trial due to intellectual developmental disorder and an unspecified schizophrenia spectrum disorder.

The Board accepted the joint position of the parties and ordered a detention disposition at the hospital, while also noting the appropriateness of a Gladue Report for the Indigenous accused.

The accused, who was previously found not criminally responsible on account of mental disorder, was placed in locked seclusion after violently assaulting a co-patient with a dumbbell.

The hospital notified the Ontario Review Board of a significant increase in the restriction of his liberty.

The Board held a hearing to review the restriction.

Applying the Campbell framework, the Board found that the hospital's decision to place the accused in seclusion was reasonable, warranted, and the least restrictive course of action available to manage the heightened risk to others.

The ongoing restriction was also upheld, noting the hospital's efforts to maximize his privileges through a Protective Devices Plan.

The Ontario Review Board held an annual review hearing for the accused, who was found unfit to stand trial in 2019 on various assault and threat charges.

The Board found that the accused remains unfit to stand trial due to an intellectual disability that prevents him from meaningfully participating in a trial.

Applying section 672.54 of the Criminal Code, the Board ordered the continuation of his current detention disposition at the Centre for Addiction and Mental Health, with privileges to live in a supervised community residence, finding it to be the least onerous and least restrictive disposition necessary to manage his risk to the public.

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

The hospital and Crown recommended maintaining the conditional discharge with a residence specification, while the accused requested the removal of the residence and treatment conditions.

The Board found that the accused continues to pose a significant threat to public safety due to ongoing financial instability, residual guardedness, and the risk of decompensation.

The Board ordered the continuation of the conditional discharge with the residence specification to ensure housing stability, but removed the consent to treatment provision as the accused was compliant with long-acting injectable medication.

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

The accused, diagnosed with schizoaffective disorder, experienced recent mental state deteriorations linked to her menstrual cycle, necessitating readmission to hospital to stabilize her condition and protect her subsidized community housing.

Applying the Winko test, the Board found the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of a Detention Disposition and confirmed that recent restrictions of liberties were necessary and appropriate.

The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for mischief and causing a disturbance.

The accused, diagnosed with schizophrenia and substance use disorders, had made positive progress over the past year, remaining stable and medication adherent.

The Board accepted a joint submission to maintain the current Detention Order with the addition of a condition permitting supervised community living in the Greater Toronto Area and weekly reporting.

The Ontario Review Board held an annual hearing for the accused, who was found not criminally responsible for assault in 2007 due to schizophrenia.

The accused recently transitioned to independent housing but continues to experience severe delusions and requires substantial support and medication.

The Board found that without significant oversight, the accused would pose a serious risk to public safety.

The Board ordered that the current Disposition remain in place, finding it to be the least onerous and least restrictive option.

The accused, previously found not criminally responsible for assault causing bodily harm due to schizophrenia, had his annual review hearing before the Ontario Review Board.

The hospital and Crown recommended maintaining a Detention Order with new privileges for transfer to a General Unit and indirectly supervised community passes.

The Board found that the accused continues to pose a significant threat to the public due to his history of violence, substance abuse, and noncompliance.

The Board concluded that a Detention Order with the recommended privilege upgrades was the least restrictive and least onerous disposition.

The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for mischief and sexual assault.

The parties presented a joint submission that the accused remained a significant threat to public safety but had made positive progress, warranting a change in his detention order to allow for privileges up to indirectly supervised on hospital grounds.

The Board accepted the joint submission, finding it represented the least onerous and least restrictive disposition.

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 the hospital's decision to readmit the accused, who was previously residing in the community, thereby significantly restricting his liberty.

The accused had been exhibiting a deterioration in mental status, testing positive for cocaine, and failing to maintain his supported housing.

The Board found that the readmission and continued detention were necessary, warranted, and the least onerous and restrictive measures available to manage his risk to public safety.

The accused, who was found not criminally responsible for sexual assault and an indecent act, was detained at a psychiatric hospital.

The hospital placed him in seclusion for twelve days due to escalating psychotic symptoms and aggression, triggering a mandatory restriction of liberty review by the Ontario Review Board.

The Board determined it lacked jurisdiction to review the restriction because, at the time of the seclusion, the hospital was operating under a Court disposition rather than a Board disposition.

Despite the jurisdictional bar, the Board noted that while the initial seclusion was justified, the prolonged twelve-day seclusion was not the least onerous or least restrictive measure available.

The Ontario Review Board conducted a mandatory annual review of the accused's disposition.

The accused, who was previously found not criminally responsible for weapons and assault offences, sought an amendment to his conditions to permit cannabis use.

The Board found that the accused continues to represent a significant threat to public safety due to his schizophrenia and history of substance abuse.

Relying on psychiatric evidence that cannabis use increases the accused's paranoia and risk of aggression, the Board dismissed the request and ordered the continuation of the current detention order without change.