Barry James Ryan

The Crown applied for a psychiatric assessment of the respondent under s. 752.1 of the Criminal Code to determine whether he might be found to be a dangerous or long-term offender.

The respondent had previously pled guilty to assault with a weapon and other offences after brandishing a knife at an ODSP office.

The court held that the Crown's failure to provide notice under s. 752.01 did not preclude the application.

Finding that the index offence constituted a serious personal injury offence and that the respondent's extensive criminal record provided reasonable grounds to believe he might be found to be a dangerous or long-term offender, the court granted the application and ordered a 60-day assessment.

The Ontario Review Board held a mandatory annual review of the accused's disposition under s. 672.81(1) of the Criminal Code.

The accused, who was previously found not criminally responsible for assault with a weapon and mischief, suffers from treatment-refractory schizophrenia and severe substance use disorders.

The Board accepted the expert evidence of the treating psychiatrist and the joint recommendation of the parties, finding that the accused remains a significant threat to public safety.

The Board ordered the continuation of the current detention order without changes.