The appellant, found Not Criminally Responsible (NCR) for assault, mischief, and probation breach, appealed the Ontario Review Board's (ORB) decision to continue his detention.
The ORB had found he still posed a significant threat due to schizophrenia and substance use disorder, despite no recent assaultive behaviour, because of his inability to manage distress and potential for volatility.
The appellant sought an absolute or conditional discharge, or a new hearing.
The Court of Appeal dismissed the appeal, finding the ORB's assessment of significant risk and its decision not to grant a conditional discharge were reasonable, supported by the evidence, and met the standard of review.
