Stephen Duffy

The Ontario Review Board conducted a mandatory annual review of the accused's disposition following a finding of not criminally responsible for assault with a weapon and other offences.

The hospital and the accused's counsel jointly recommended an absolute discharge, supported by expert psychiatric evidence that the accused was fully compliant with treatment, abstinent from alcohol, and no longer posed a significant threat to public safety.

Applying the Supreme Court's framework in Winko, the Board accepted the unanimous clinical recommendation and granted the accused an absolute discharge.

The Ontario Review Board conducted an annual review of the accused, who was previously found unfit to stand trial on various sexual assault and related charges.

The Board accepted the treating psychiatrist's evidence that the accused remains permanently unfit to stand trial due to a moderate intellectual disability and pedophilic disorder.

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

The detention order was continued without any provision for indirectly supervised community passes.