Alexander V. Hrybinsky

The accused was convicted of sexual offences and sought an extension of time to appeal his conviction several years later.

A single judge of the Court of Appeal dismissed the motion, but a three-judge panel subsequently granted it.

The Crown applied for leave to appeal to the Supreme Court of Canada, challenging the Court of Appeal's jurisdiction to overturn a single judge's decision.

The Supreme Court held that it had jurisdiction to entertain the leave application under section 40(1) of the Supreme Court Act, overruling previous jurisprudence to the contrary.

However, the Court dismissed the application, finding that it raised no question of sufficient importance to warrant granting leave.

The appellant was found not criminally responsible for an assault with a weapon due to a mental disorder.

The Review Board ordered his transfer to a medium security hospital with privileges, applying the 'least onerous and least restrictive' test to the conditions of his detention.

The Court of Appeal held this test only applied to the choice of disposition, not the conditions.

The Supreme Court of Canada allowed the appeal, holding that the 'least onerous and least restrictive' requirement under s. 672.54 of the Criminal Code applies to both the disposition and the particular conditions forming part of it.