3 total
Accused found unfit to stand trial but not permanently so; detention order continued.
The Ontario Review Board conducted an annual review of the accused, who was previously found unfit to stand trial on assault charges.
The accused suffers from treatment-refractory schizophrenia and remains in seclusion due to unpredictable and aggressive behaviour.
Applying the tests from Taylor and Bharwani, the Board accepted uncontroverted psychiatric evidence that the accused remains unable to meaningfully participate in a trial or instruct counsel.
The Board found the accused unfit to stand trial, but not permanently so, and ordered the continuation of his detention at the high-secure forensic hospital as he remains a significant threat to public safety.
Appeal dismissed; Board correctly found withdrawal of life support was in the infant's best interests.
The parents of a one-year-old infant who suffered a catastrophic brain injury appealed a decision of the Consent and Capacity Board.
The Board had found that the parents failed to comply with the principles of substitute decision-making under the Health Care Consent Act, 1996 by refusing to consent to the withdrawal of life support proposed by the treating physician.
The Superior Court of Justice dismissed the appeal, finding that the Board made no error in its objective assessment that the withdrawal of life support was in the infant's best interests, given her irreversible condition and lack of any prospect of recovery.
Amicus curiae appointed for parents and infant in urgent appeal of end-of-life treatment decision.
The appellants, parents of an infant with a catastrophic brain injury, appealed a Consent and Capacity Board decision directing them to consent to a palliative care treatment plan proposed by the treating physician.
As the parents' legal aid certificates did not cover the appeals and the matter was highly urgent, the court issued a procedural direction appointing their previous counsel and the infant's counsel as amicus curiae to ensure the appeals could proceed fairly and quickly without waiting for Legal Aid Ontario decisions.
