The appellant, who was found not criminally responsible for sexual assault and detained for 24 years, appealed a decision of the Ontario Review Board refusing to grant him an absolute discharge under s. 24(1) of the Charter.
The Court of Appeal held that the ORB is not a court of competent jurisdiction to grant an absolute discharge as a Charter remedy because it lacks the structural competence and remedial jurisdiction.
However, the Court allowed the appeal in part, finding that the ORB's failure to impose conditions in its disposition to address the appellant's treatment impasse was unreasonable, and remitted the matter for a new hearing.
