T. Verny

The Ontario Review Board conducted an annual review for a young person found unfit to stand trial on charges including assault with a weapon.

The parties jointly submitted that the accused was permanently unfit and required a Detention Order at CAMH.

The Board found that the accused remains unfit to stand trial and poses a significant threat to public safety, necessitating a Detention Order.

However, the Board rejected the joint submission that the accused is permanently unfit, finding that a full fitness assessment and tailored fitness education program had not been adequately explored given his learning disabilities and recent improvements on new medication.

The Ontario Review Board conducted an annual review for a young person found unfit to stand trial on weapons and assault charges.

The accused, diagnosed with Autism Spectrum Disorder and learning disabilities, was jointly recommended by all parties to be found permanently unfit and transferred to an adult facility.

The Board agreed the accused remains unfit to stand trial and poses a significant threat to public safety, ordering his detention at CAMH.

However, the Board declined to find him permanently unfit, concluding that he had not received appropriate fitness training tailored to his cognitive needs.

The accused, previously found not criminally responsible for attempted murder, was subject to an Ontario Review Board disposition allowing community living.

The hospital imposed two restrictions of liberty (readmissions to hospital) due to rule non-adherence, substance use, and a deteriorating mental state.

The Board reviewed the restrictions under s. 672.81(2.1) of the Criminal Code.

Applying the standard from R. v. M.L.C., the Board accepted the attending psychiatrist's evidence and found both restrictions were necessary, appropriate, and the least onerous interventions to manage the accused's risk of violence and ensure public safety.

The Ontario Review Board held a hearing to review a restriction of liberty imposed on an accused who was previously found not criminally responsible for assault causing bodily harm.

The hospital had transferred the accused from a general forensic unit to a secure forensic unit after he exhibited escalating risk behaviours, paranoia, and affective instability.

The Board found that the initial transfer and the ongoing restriction of liberty were the least onerous and least restrictive interventions necessary to manage the accused's risk of violence and untoward behaviour.

The hospital requested a Restriction of Liberty hearing after readmitting the accused, who is subject to a Detention Order, due to life-threatening hyperglycemia and inability to self-manage his Type 2 diabetes in the community.

The accused argued the restriction was unwarranted as his mental state remained stable.

The Ontario Review Board found that both the initial and ongoing restrictions of liberty were necessary, appropriate, and the least onerous and least restrictive measures, given the severe health risks, potential for psychiatric decompensation, and the loss of his community housing.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault with a weapon and assault causing bodily harm.

The accused suffers from bipolar disorder and a traumatic brain injury, and has a history of substance use and non-adherence to treatment in the community.

The Board unanimously accepted the joint submission of the parties and the evidence of the attending psychiatrist that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the current Detention Order with amendments to the geographical area for passes, finding that a less restrictive disposition would not adequately protect the public.

The accused was found unfit to stand trial on charges including unlawfully in a dwelling house and assaulting a peace officer.

The Ontario Review Board held an initial hearing to determine fitness and disposition.

Based on psychiatric evidence, the Board found that the accused remains unfit to stand trial due to a combination of intellectual disability and an unspecified psychotic disorder.

The Board concluded that the accused represents a significant threat to the safety of the public and ordered a Detention Disposition with privileges, including the possibility of residing in 24-hour supervised community accommodation.

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

The accused's primary diagnosis of schizophrenia is complicated by catatonia, which the hospital is actively treating.

The Board accepted the hospital's evidence that the accused lacks insight and would likely discontinue treatment and return to substance use if unsupervised.

The Board concluded that the accused continues to represent a significant threat to the safety of the public and ordered the continuation of his Detention Order with privileges.

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

The accused, diagnosed with schizoaffective disorder and substance use disorder, had transitioned to independent living and remained abstinent from substances.

The Board found that while the accused continues to pose a significant threat to public safety, he can be safely managed in the community under the terms of a conditional discharge, supported by his family and community mental health resources.

The Ontario Review Board conducted a mandatory review of the accused's disposition and fitness to stand trial.

The accused, who has a severe intellectual developmental disorder, was previously found unfit to stand trial on charges including sexual assault and assault.

Relying on the uncontested psychiatric evidence and applying the Supreme Court's recent test in Bharwani, the Board unanimously found the accused remains unfit to stand trial as he cannot meaningfully participate in the process.

The Board ordered the continuation of the current hospital Detention Order, finding the accused poses a significant threat to public safety and requires a highly structured and supervised setting, while noting ongoing efforts to secure appropriate community accommodation.

The Ontario Review Board held an annual review hearing for the accused, who had previously been found unfit to stand trial on various charges including mischief and theft.

The attending psychiatrist testified that the accused's schizophrenia symptoms had resolved with medication and that he now demonstrated a reality-based appreciation of the legal process.

Applying the Supreme Court of Canada's recent decision in Bharwani, the Board unanimously accepted the psychiatric evidence and found the accused fit to stand trial.

The Board ordered that the accused be returned to court.

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

The accused had previously been found unfit to stand trial on charges of committing indecent acts.

The Board applied the test from R. v. Bharwani and accepted the uncontradicted psychiatric evidence that the accused remains unfit to stand trial due to a schizoaffective disorder and delusions that prevent a reality-based understanding of the court process.

The Board ordered the continuation of the accused's Detention Order without amendment to protect public safety.

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

The accused, diagnosed with schizophrenia and a substance use disorder, had transitioned to a group home and was doing well, though he continued to experience psychotic symptoms and delusional beliefs.

The hospital, supported by the Attorney General and the accused's counsel, recommended continuing the Detention Order with amended pass privileges.

The Board unanimously found that the accused continues to represent a significant threat to public safety and ordered the continuation of the Detention Order with the requested amendments to allow for indirectly supervised passes.

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

Despite recent incidents of substance use and a suicide attempt, the accused's mental condition had stabilized with long-acting injectable antipsychotics and intensive community support.

The Board accepted expert psychiatric evidence that the accused's risk of violence to the public was low, and that his recent struggles primarily posed a risk of self-harm.

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

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

The accused, who was found not criminally responsible for uttering threats, suffers from schizoaffective disorder and substance use disorder.

The Board accepted the joint submission of the parties that the accused continues to pose a significant threat to the safety of the public due to ongoing delusions, recent substance use relapses, and fluctuating insight.

The Board ordered the continuation of the detention disposition with minor modifications, finding that the hospital requires the authority to return him for assessment if his mental state deteriorates.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assaulting a peace officer and mischief.

The accused suffers from treatment refractory schizoaffective disorder, substance use disorder, and intellectual development disorder.

The Board accepted the uncontested psychiatric evidence that the accused continues to experience psychotic symptoms, lacks insight, and requires 24/7 supervision.

The Board found that the accused continues to pose a significant threat to the safety of the public and ordered the continuation of his detention disposition, with expanded geographic boundaries for passes to facilitate placement on a waitlist for supportive housing.

The Ontario Review Board held an annual hearing for an accused previously found unfit to stand trial on charges of assault and uttering threats.

The accused has diagnoses of schizophrenia, intellectual disability, and autism spectrum disorder.

Based on the joint submission of the parties and the evidence of the attending psychiatrist, the Board found the accused remains permanently unfit to stand trial and continues to pose a significant threat to public safety.

The Board ordered the continuation of the current detention disposition and extended the time for the next review hearing to 24 months.

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

The accused, diagnosed with schizophrenia and a substance use disorder, had successfully transitioned to a less supervised community residence and remained abstinent.

The Board found that the accused continues to represent a significant threat to public safety but concluded that a conditional discharge with a residency requirement and treatment conditions was the necessary and appropriate disposition to manage the risk while promoting reintegration.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for attempt to commit murder.

The accused, diagnosed with schizophrenia and substance use disorder, had made significant progress in the community and maintained abstinence.

The Board accepted the joint recommendation of the parties, finding that the accused remains a significant threat to public safety due to the risk of rapid decompensation.

The Board ordered the continuation of the detention disposition with expanded community privileges, including reduced reporting requirements and the removal of abstain and no-contact clauses.

The Ontario Review Board held an annual hearing for an accused previously found not criminally responsible for firearms and threat offences.

The accused, diagnosed with bipolar disorder and substance use disorder, had recently relapsed into cocaine use and experienced a motor vehicle accident while on community living privileges.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his high risk of relapse, underdeveloped insight, and recent substance use.

The Board ordered the continuation of his detention disposition with no expansion of privileges, rejecting a joint submission to expand community passes for a speculative employment opportunity.