The appellant, found Not Criminally Responsible on account of mental disorder (NCRMD) for prior offences, appealed a 2019 Ontario Review Board disposition that continued his conditional discharge and imposed new alcohol and drug testing requirements.
The appellant argued the Board erred in its application of the significant threat test and provided insufficient reasons.
The Court of Appeal found that the Board's determination that the appellant posed a significant threat was not supported by the evidence and lacked proper analysis regarding the degree of risk or gravity of apprehended harm.
The court emphasized that factors such as lack of insight, potential medication non-compliance, or substance abuse do not automatically establish a significant threat without specific analysis of the risk of serious criminal conduct.
The appeal was allowed, and an absolute discharge was granted, although the issue was rendered moot by a subsequent 2020 Board decision granting an absolute discharge.
