4 total
Detention Order maintained and restriction of liberty justified for NCR accused following medication non-adherence relapse.
The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for aggravated assault.
The accused had experienced a recent relapse due to medication non-adherence, resulting in a self-inflicted injury and a temporary restriction of liberty.
The Board accepted the joint submission of the parties, finding that the accused continues to pose a significant threat to public safety.
The current disposition of a Detention Order with privileges was maintained, and the recent restriction of liberty was deemed justified.
Accused found unfit to stand trial; Board ordered detention at hospital with community living privileges.
The Ontario Review Board conducted an initial disposition hearing for an accused found unfit to stand trial on charges including sexual assault, theft, and break and enter.
Based on the hospital reports and the testimony of the hospital's representative, the Board concluded that the accused remains unfit to stand trial.
The Board ordered that the accused be subject to a Detention Order at the Thunder Bay Regional Health Sciences Centre, with privileges up to community living in approved accommodation and a no-contact provision regarding the complainants.
An Indigenous offender was sentenced to seven years imprisonment for a fatal hit-and-run collision while driving under the influence.
Jonathan Paypompee pleaded guilty to dangerous operation of a conveyance causing death and bodily harm, and failing to stop after an accident.
The offences arose from a hit-and-run collision in Thunder Bay, Ontario, where Paypompee, driving without a license and under the influence of alcohol and crack cocaine, struck two pedestrians, killing one and seriously injuring the other.
The court considered extensive Gladue factors reflecting Paypompee’s Indigenous heritage, troubled upbringing, substance abuse, and remorse.
After weighing aggravating and mitigating factors, including his lengthy criminal record and harsh pre-sentence custody conditions, the court imposed a total sentence of seven years imprisonment, with credit for time served reducing the effective sentence to four years.
A lifetime driving prohibition and DNA order were also imposed, with victim fine surcharges waived due to hardship.
The court imposed an 8-month conditional sentence for possession of an unloaded firearm and stolen vehicle, rejecting the Crown's call for a lengthy custodial term based on general deterrence.
The accused, Cody Joseph O’Dwyer, pleaded guilty to possession of a stolen motor vehicle, unauthorized possession of an unloaded revolver, being an occupant of a vehicle with a revolver, and possession of a weapon dangerous to the public peace.
The court considered the appropriate sentence, rejecting the Crown's inferences that the firearm was used to menace the victim or that Thunder Bay had an "epidemic" of gun violence, citing insufficient statistical evidence and the principle of sentencing based on actual conduct rather than potential harm.
The court also discussed the limited efficacy of general deterrence for offenders involved in drug and gun activities.
Ultimately, the court imposed a conditional sentence of 240 days (approximately 8 months) followed by 18 months of probation, with specific conditions, finding that a conditional sentence could adequately address the objective of denunciation given the circumstances.