The appellant, who was previously found not criminally responsible, appealed a disposition order of the Ontario Review Board detaining him at a mental health centre.
The appellant argued the Board failed to meaningfully consider how he could be conditionally discharged.
The Court of Appeal allowed the appeal, finding the Board's decision unreasonable because it failed to explain why detention was the least onerous and least restrictive disposition, particularly given the availability of conditions regarding medication and statutory mechanisms for return to hospital.
The matter was remitted for a new hearing.
