The appellant, found not criminally responsible for assault and uttering threats, appealed a disposition by the Ontario Review Board (ORB) ordering her detention at the Centre for Addiction and Mental Health (CAMH).
She argued the ORB erred in finding she posed a significant threat, seeking an absolute or conditional discharge.
The Court of Appeal dismissed the appeal, finding the ORB's determination of significant threat was reasonable, based on her history of violence, treatment-resistant schizophrenia, lack of insight into her illness and medication, and the risk of decompensation leading to violent behaviour if medication ceased.
The court also upheld the ORB's refusal of a conditional discharge, noting its inquisitorial function was fulfilled and a detention order was necessary for public safety, as the Mental Health Act would not provide sufficient control in all foreseeable situations.