The appellant, who was found not criminally responsible for attempted murder and possession of a prohibited weapon, appealed the Ontario Review Board's decision to continue his conditional discharge.
On appeal, fresh evidence was introduced showing that a Community Treatment Order (CTO) had been issued, requiring the appellant to take his medication.
The Court of Appeal admitted the fresh evidence, finding that the CTO was legally valid and that the appellant met the definition of a 'patient' under the Mental Health Act.
Concluding that the appellant no longer posed a significant risk to the public with the CTO in place, the Court allowed the appeal and granted an absolute discharge.
