The Ontario Review Board conducted an annual review for an accused previously found unfit to stand trial on breach of probation charges.
The hospital and Crown argued the accused remained permanently unfit and posed a significant threat to public safety, necessitating continued supervision.
The accused's counsel conceded permanent unfitness but argued the significant threat threshold was no longer met due to years of stability at a supervised group home.
The Board agreed with the accused, finding that while he remains permanently unfit due to a neurocognitive disorder, the risk of serious harm is speculative given his prolonged lack of aggression, medication compliance, and the ongoing authority of his wife as substitute decision-maker.
The Board concluded the accused does not pose a significant threat and remitted the matter to the court to consider a stay of proceedings.