S. Swaminath

The Ontario Review Board held an initial disposition hearing for an 81-year-old accused found not criminally responsible for attempted murder.

The accused had cut his daughter-in-law's throat while experiencing delirium induced by a severe, treatment-resistant infection following hip surgery.

Accepting a joint submission supported by the treating psychiatrist's evidence, the Board found the accused remains a significant threat to public safety due to his ongoing infection and cognitive decline.

The Board ordered a detention order with discretionary privileges, including the ability to reside in hospital-approved community accommodation.

The Ontario Review Board held a mandatory hearing to review the hospital's decision to restrict the liberty of the accused, who had previously been found unfit to stand trial.

The accused had absconded during a community program, walked into traffic, and assaulted a staff member.

The Board found that the initial decision to withhold privileges and the ensuing restriction of liberty were necessary, appropriate, and represented the least restrictive measures available to manage the risk to public safety.

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 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 a mandatory annual review for an accused found not criminally responsible for failure to comply with release orders, mischief, and criminal harassment.

The accused suffers from bipolar disorder and severe alcohol use disorder.

The Board accepted the treating psychiatrist's evidence that the accused has limited insight into his alcohol use and its connection to his risk.

The Board found the accused continues to pose a significant threat to public safety and ordered his continued detention at the hospital, while amending his disposition to expand the geographical area for potential community accommodation and to allow escorted passes to his home.

The Ontario Review Board held a mandatory hearing to review the disposition of an accused found not criminally responsible for second-degree murder and other offences.

The accused's index offences were driven by a psychotic episode caused by undiagnosed multiple sclerosis.

The majority of the Board found that the accused's multiple sclerosis is now well-managed with medication, and the risk of a future psychotic episode is low.

Concluding that the accused no longer poses a significant threat to public safety, the Board granted an absolute discharge.

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

The accused had suffered a severe traumatic brain injury prior to the index offence, which likely precipitated a psychotic episode.

The Board found that the accused has been stable, medication adherent, and supported by his family and community services.

Applying the threshold from Winko, the Board concluded that the accused no longer represents a significant threat to the safety of the public and ordered an absolute discharge.

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

The accused, who was previously found not criminally responsible for various offences including aggravated assault, is currently subject to a detention order at a psychiatric hospital.

The accused requested an amendment to his disposition to allow for the use of cannabis from a government-authorized retailer.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his brittle schizophrenia, history of non-adherence with medication, and vulnerability to substance use.

The Board concluded that allowing cannabis use would not be a good risk management strategy and ordered no change to the current detention disposition.

The Ontario Review Board conducted an annual review and a restriction of liberties hearing for an accused found not criminally responsible for arson.

The hospital had readmitted the accused from the community due to decompensation linked to cigarette smoking, which lowered his clozapine levels.

The Board found the readmission was warranted and the least restrictive measure available to manage his risk.

The Board also concluded that the accused continues to pose a significant threat to public safety due to his treatment-refractory schizoaffective disorder, history of medication non-compliance, and risk of rapid decompensation.

A Detention Order was maintained.

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 for arson.

The accused, who was living in the community, was readmitted to the hospital after testing positive for cocaine, violating the abstinence condition of his disposition.

The Board found that the readmission constituted a significant increase in restrictions on his liberty, but concluded that the hospital's actions were warranted and represented the least onerous and least restrictive measures available to manage his risk to public safety.

The Ontario Review Board held a hearing to review a significant increase in the restrictions on the liberties of an NCR accused, who had been readmitted to the hospital after an unauthorized leave of absence.

The accused had travelled out of province without permission and admitted to using cannabis, which exacerbated his schizophrenia symptoms.

The Board found that the hospital's actions in readmitting and detaining the accused constituted a significant increase in restrictions, but that these measures were warranted and represented the least onerous and least restrictive means to manage his risk to public safety.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for break and enter with intent.

The accused has a history of schizoaffective disorder, personality disorders, and substance abuse.

The treatment team reported improvements in the accused's insight and medication compliance, and recommended continuing the Detention Order with increased privileges, including indirectly supervised passes and community living.

The Board found that the accused continues to pose a significant threat to public safety and ordered the continuation of the Detention Order with the recommended additional privileges to assist with gradual community reintegration.

The Ontario Review Board held a mandatory hearing to review the accused's fitness to stand trial and her Disposition regarding a charge of attempted murder.

The attending psychiatrist testified that the accused remains unfit to stand trial due to cognitive impairments and symptoms, but suggested she may have been misdiagnosed with an intellectual disability and could potentially regain fitness with trauma-informed treatment.

The Board found the accused remains unfit to stand trial and ordered the continuation of her Detention Order, while expanding her geographic area for community living to the province of Ontario to facilitate future supported housing placements.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for breaking and entering.

The accused, diagnosed with schizophrenia and substance use disorder, had been abstinent for eight years and sought the removal of the abstain clause from his disposition.

The Board found that the accused continues to pose a significant threat to public safety due to his underdeveloped insight and history of substance abuse linked to his offending behaviour.

The Board ordered the continuation of the detention order with added indirectly supervised passes and an expanded geographical area for community living, but declined to remove the abstain clause, finding it necessary to support his reintegration and protect the public.

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

The accused sought an absolute discharge, while the hospital and Attorney General recommended continuing the detention order.

The Board found that the accused, who suffers from treatment-resistant schizoaffective disorder and lacks insight into his illness, continues to pose a significant threat to public safety.

The Board ordered the continuation of the detention order, finding it to be the least onerous and least restrictive disposition necessary to manage his risk.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for dangerous operation, break and enter, and assault.

The accused, diagnosed with Bipolar Disorder, had recently stabilized following medication optimization, including a long-acting injectable antipsychotic.

The Board accepted the attending psychiatrist's evidence that while the accused's risk had lowered, he continued to pose a significant threat to public safety due to his history of decompensation, non-compliance, and the recency of his improvements.

The Board ordered the continuation of the Conditional Discharge with modifications, removing the residence and abstain conditions and reducing reporting requirements, but retained the no-contact conditions regarding the victims.

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

The hospital and the Attorney General recommended a continuation of the Detention Order with expanded privileges, including the removal of the substance abstain clause to test the accused's ability to cope in the community.

The accused's counsel agreed with the joint submission.

The Board found that the accused continues to pose a significant threat to public safety due to her severe mental illness, history of substance abuse, and underdeveloped insight.

The Board ordered the continuation of the Detention Order with the recommended changes, and directed the preparation of a Gladue Report for the next hearing.

The Ontario Review Board held a hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for assault causing bodily harm.

The accused, diagnosed with schizophrenia, had recently experienced a decline in physical health and cognition, leading to falls and a brief unauthorized absence from his long-term care home, resulting in readmission to the hospital.

The Board found that the accused continues to pose a significant threat to public safety due to his major mental illness, lack of insight, and need for supervision.

The Board ordered the continuation of the current conditional discharge without changes, finding it to be the least onerous and least restrictive disposition.

The Ontario Review Board held a mandatory annual review hearing for the accused, who was previously found unfit to stand trial on charges including sexual assault and criminal harassment.

The accused is currently diagnosed with schizophrenia, substance use disorder, and an intellectual disability.

Based on the evidence of the treating psychiatrist, the Board found that the accused continues to be unfit to stand trial as he does not understand the nature or object of the proceedings or the possible consequences.

The Board ordered that the accused remain subject to a detention order at the hospital, finding that he continues to pose a significant threat to public safety and requires close supervision.

The Ontario Review Board conducted an annual review for an accused previously found not criminally responsible for uttering threats, assaulting a peace officer, and escaping lawful custody.

The accused, diagnosed with schizophrenia and substance use disorder, had demonstrated sustained stability, abstinence from substances, and compliance with treatment while living in the community.

The Board, applying the Winko framework, concluded that the accused no longer posed a significant threat to the safety of the public and granted an absolute discharge.