S. Duffy

The accused, previously found not criminally responsible for firearms offences, appeared for his initial disposition hearing before the Ontario Review Board.

The accused has diagnoses of schizophrenia and substance use disorders.

The Board accepted the joint position of the parties that the accused continues to pose a significant threat to public safety.

A detention order was issued, granting privileges up to and including living in the community in approved accommodation, subject to conditions including reporting and abstaining from substances.

The accused was found not criminally responsible for arson and related offences committed while experiencing auditory hallucinations.

At the initial disposition hearing, the Ontario Review Board found the accused to be a significant threat to public safety.

The Board ordered a detention order at the Centre for Addiction and Mental Health, with privileges to live in the community in approved housing, subject to conditions including abstention from alcohol and drugs.

The Ontario Review Board held an annual review and a restriction of liberty review for an accused found not criminally responsible for arson.

The accused, who suffers from schizophrenia and progressive cognitive decline, was readmitted to the hospital after his community residence could no longer support his high needs.

The Board accepted expert evidence that the accused continues to pose a significant threat to public safety due to verbal and physical aggression.

The Board concluded that the restriction of liberty was warranted and remains the least onerous and least restrictive action, continuing his detention at the hospital.

The Ontario Review Board conducted an annual review of the accused's conditional discharge disposition.

The accused had been found not criminally responsible for murder due to schizophrenia.

The Board accepted expert evidence that the accused remains a significant threat to public safety and requires ongoing clinical supervision to prevent deterioration.

The Board ordered the continuation of the conditional discharge with minor amendments to the conditions.

The Ontario Review Board held an annual review hearing for an 86-year-old accused who was previously found unfit to stand trial on a charge of manslaughter.

The accused suffers from progressive dementia and resides in a behavioural support unit at a long-term care facility.

Based on the hospital report and the testimony of her treating psychiatrist, the Board found that the accused remains globally unfit to stand trial and continues to pose a significant threat to public safety due to her history of aggressivity.

The Board ordered the continuation of her conditional discharge, finding it to be the least onerous and least restrictive disposition that manages the risk while meeting her mental health and cultural needs.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for failing to stop for police and taking a motor vehicle without consent.

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

The Board heard evidence from the treating psychiatrist that the accused was medication compliant, functioning well in the community, and had been accepted by a non-forensic community support team.

Applying the test from Winko, the Board concluded that the accused no longer posed a significant threat to public safety and granted an absolute discharge.

The Ontario Review Board conducted an annual review of the disposition for the accused, who was previously found not criminally responsible for abduction of a person under 14 years of age.

The hospital, the Attorney General, and the accused all agreed that the accused remains a significant threat to public safety but that this threat can be managed with a conditional discharge.

The Board accepted the evidence of the treating psychiatrist that the accused has matured, is compliant with medication, and has had a very good year despite ongoing struggles with synthetic substances.

The Board ordered a conditional discharge with specified privileges and prohibitions.

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

The hospital and the Crown submitted that the accused remains unfit to stand trial and continues to pose a significant threat to public safety, recommending a continuation of the conditional discharge.

The accused's counsel accepted that the accused is likely permanently unfit.

The Board accepted the medical evidence that the accused suffers from dementia and significant medical issues, and remains a significant threat to public safety due to a history of inappropriate sexual touching.

The Board ordered the continuation of the conditional discharge.

The Ontario Review Board held a hearing to review a restriction of the accused's liberty following his admission to the hospital after an assault in the community.

The accused, who has Autism Spectrum Disorder, exhibited violent behaviour triggered by sensory sensitivities and changes in routine.

The Board found that the restriction of liberty from October 30, 2024, to December 3, 2024, was significant but necessary and appropriate to manage his risk to public safety, and commended the treatment team for subsequently discharging him back to his family with increased supports.

The Ministry of the Attorney General requested an early hearing to add a no-contact condition and a geographic boundary restriction to the accused's disposition, following his NCR finding for manslaughter.

The Ontario Review Board ordered a condition prohibiting direct or indirect contact with the victim's immediate family and a 150-metre restriction from their homes, workplaces, or places of worship.

However, the Board declined to impose the broad geographic boundary restriction, finding it was not necessary or appropriate given the accused's clinical stability and the potential negative impact on his reintegration.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for assault in 1996.

The accused, diagnosed with schizophrenia and polysubstance use disorder, was unable to attend due to a recent hospitalization for a physical injury.

The Board found that the accused continues to represent a significant threat to public safety due to his ongoing symptoms, limited insight, and historical risk of violence when non-compliant with medication or using substances.

The Board ordered a continuation of the conditional discharge but removed the abstain and submit conditions, noting his lack of access to substances and the vigilance of his residence staff.

The Ontario Review Board conducted an annual review of the disposition for the accused, who was previously found not criminally responsible for sexual assault and other offences due to schizophrenia and intellectual disability.

All parties jointly recommended the continuation of a conditional discharge.

The Board accepted the evidence that the accused remains a significant threat to public safety but is doing well in his current supervised residence.

The Board ordered the continuation of the conditional discharge with the same terms as the previous year.

The Ontario Review Board held a mandatory hearing under s. 672.81(2.1) of the Criminal Code to review the Hospital's restriction of the accused's liberties.

The accused, who was previously living in the community, was admitted to the forensic inpatient unit after experiencing rapid decompensation, manic symptoms, and medication noncompliance.

All parties agreed that the restriction was justified.

The Board found that the restriction of liberties was justified, necessary, and represented the least onerous and least restrictive option available to the Hospital.

The Ontario Review Board held an initial disposition hearing for the accused, who was found not criminally responsible for two counts of attempted murder.

The Board accepted the hospital's risk assessment that the accused remains a significant threat to public safety but that this risk can be managed in the community.

The Board ordered a conditional discharge, requiring the accused to reside at his family home and abide by a no-contact order, but declined to impose mandatory urine screens or a consent to treatment clause.

The accused was found not criminally responsible for assault and assault causing bodily harm and was remitted to the Ontario Review Board.

At the initial hearing, the parties jointly submitted that the accused continues to represent a significant threat to the safety of the public due to ongoing psychotic symptoms from schizophrenia or schizoaffective disorder.

The Board accepted the joint submission and ordered a detention order on a general forensic unit with privileges, noting the need for further treatment, medication optimization, and diagnostic clarification.

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

The hospital, the Attorney General, and the accused jointly submitted that the accused remains a significant threat to public safety and should remain subject to a Detention Order at the General Forensic Unit.

The Board accepted the joint submission, noting the accused's progress with medication but highlighting the need for further investigation into his psychopathy score and sexually inappropriate behaviours.

The Detention Order was maintained.

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

The accused, previously found not criminally responsible for criminal harassment and failing to comply with conditions, suffers from schizophrenia and cannabis use disorder.

The Board found that the accused continues to represent a significant threat to public safety due to ongoing symptoms, lack of insight, and recent violent behaviour following cannabis use.

The Board ordered a hybrid Detention Disposition, maintaining internet restrictions but allowing for potential transfer to a general forensic unit.

The Ontario Review Board conducted an early review of the accused's disposition following a finding of not criminally responsible for sexual assault.

The hospital requested the accused be transferred from a Secure Forensic Service to a General Forensic Service with community living privileges, noting his symptoms were in remission and he was compliant with medication.

The Board accepted the hospital's recommendation, finding the transfer and privileges necessary and appropriate while maintaining public safety.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment and failing to comply with an undertaking.

The accused, diagnosed with schizoaffective disorder, had recently been non-compliant with his medication, requiring two hospital admissions to stabilize his mental state.

He demonstrated poor insight into his illness and the index offences, believing his condition could be treated with yoga and non-pharmacological means.

The Board accepted the psychiatric evidence that the accused remains a significant threat to public safety and ordered a continuation of his Detention Disposition at the hospital.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for attempted murder.

The accused, diagnosed with schizophrenia, had been living independently in the community and was compliant with his medication.

The majority of the Board found that the accused continues to represent a significant threat to the safety of the public and ordered a conditional discharge, noting that he is early in his forensic care and needs to be tested in the community.

A dissenting minority would have granted an absolute discharge, finding no evidence of a significant threat.