Carmen Elmasry

The appellant, previously found not criminally responsible for criminal harassment and other offences, appealed a disposition of the Ontario Review Board maintaining her detention order at the Centre for Addiction and Mental Health.

She argued the Board erred in its application of the Winko test by considering the risk of psychological harm sufficient to meet the threshold and in finding a detention order was the least restrictive disposition.

The Court of Appeal dismissed the appeal, finding the Board reasonably concluded the appellant remained a significant threat to the public and that a conditional discharge would be insufficient to manage her risk.

The appellant, who was previously found not criminally responsible due to schizophrenia, appealed a disposition of the Ontario Review Board that changed his status from a conditional discharge to a detention order.

The Court of Appeal upheld the Board's refusal to grant an absolute discharge, as the appellant remained a significant threat to public safety.

However, the Court allowed the appeal regarding the detention order, finding the Board failed to adequately explain why a detention order was the least onerous and least restrictive disposition given the appellant's compliance with previous conditions.

The conditional discharge was reinstated.