C. Francis

The Ontario Review Board held a hearing to determine whether the accused, previously found unfit to stand trial on multiple violent charges, had regained fitness.

The hospital's psychiatrist opined that the accused was fit and that his bizarre testimony at the hearing was malingering motivated by a desire to be transferred to a lower-security facility.

Applying the Supreme Court's test from R. v. Bharwani, the Board rejected the expert's conclusion, finding that the accused's testimony demonstrated a lack of reality-based understanding of the proceedings.

The Board concluded the accused remained unfit to stand trial and ordered his continued detention at the secure hospital.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for assault.

The accused's physical and mental health had significantly declined due to dementia and frailty, leaving him bedbound and chronically delirious.

The Board accepted uncontroverted medical evidence that the accused no longer poses a significant threat to public safety.

Consequently, the Board granted an absolute discharge, noting he will remain in hospital until a long-term care placement is found.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for uttering threats and breaching a recognizance.

The Board accepted uncontroverted psychiatric evidence that the accused remains a significant threat to public safety due to ongoing verbal aggression, sexually inappropriate behaviours, and mental fragility.

While noting behavioral improvements following a medication change, the Board concluded that a Detention Disposition with a weapons prohibition remains necessary and appropriate while the search for suitable community housing continues.

The accused, diagnosed with schizophrenia, was previously found unfit to stand trial for assault with a weapon.

The Ontario Review Board held a mandatory hearing to review his disposition.

Applying the fitness test from R. Bharwani, the Board found that while the accused could answer Taylor test questions, he lacked a reality-based understanding of the proceedings due to his delusional belief that his sentence was already served.

The Board concluded he remains unfit to stand trial but ordered his transfer to a lower-security facility with accompanied community passes, as he no longer required a high-secure forensic envelope.

The Ontario Review Board held a hearing to review the hospital's decision to significantly restrict the accused's liberty by placing him in seclusion following a severe assault on a co-patient.

The accused, who had previously been found not criminally responsible for assault, was secluded from November 2 to November 22, 2023, due to imminent risk of violence, active psychotic symptoms, and weapon-making behaviour.

The Board found the restriction of liberty was warranted and necessary for public safety.

Additionally, the Board ordered an independent assessment of the accused's mental condition and risk to public safety to be completed prior to his annual review hearing.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for forcible entry, mischief, and assaulting a peace officer.

The accused, diagnosed with schizoaffective disorder and substance use disorders, had his liberties restricted and was readmitted to the hospital following repeated substance use and an inability to manage independent living.

Applying the Winko framework, the Board found the accused continues to pose a significant threat to public safety.

The Board ordered a continued Detention Disposition and upheld the hospital's restriction of liberties as necessary and appropriate.

The Ontario Review Board conducted an annual hearing to review the disposition of the accused, who was found not criminally responsible for second-degree murder.

The accused has a lengthy history of violence, schizophrenia, and substance abuse.

All parties agreed that the accused continues to pose a significant threat to public safety and that his detention at the high-secure forensic hospital should continue.

The Board ordered the continuation of the Detention Order with no changes to its terms and, on consent of the parties, extended the time for the next hearing to 24 months due to the accused's stable but declining cognitive condition.

The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.

The accused, who was previously found not criminally responsible for multiple violent offences, has diagnoses of schizophrenia and substance use disorders.

The Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, history of unpredictable aggression, and ongoing psychotic symptoms.

The Board ordered the continuation of the Detention Order with no change to its terms, finding it to be the least onerous and least restrictive disposition necessary to manage the risk.

The Ontario Review Board conducted an annual review for an accused found unfit to stand trial on charges including aggravated assault.

The accused, diagnosed with schizophrenia and substance use disorder, had recently experienced a decompensation in mental state and engaged in assaultive behaviour requiring seclusion.

Applying the Bharwani test, the Board found the accused remained unfit to stand trial.

Despite a joint submission from the hospital, Crown, and defence to transfer the accused to a less secure facility, the Board concluded that a transfer was inappropriate due to the risk of substance use and medication non-compliance.

The Board ordered the continuation of the Detention Disposition at the current secure hospital.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused, who was found not criminally responsible for break and enter with intent, is currently detained at a forensic mental health centre.

The parties presented a joint submission that the accused continues to pose a significant threat to public safety and that the current detention disposition should continue.

The Board accepted the joint submission, noting the accused's history of violence, substance abuse, and need for a high level of structure and supervision to maintain recent improvements and prevent decompensation.

The Ontario Review Board convened a hearing to review the restriction of the accused's liberty after he was placed in seclusion for a period exceeding seven days at the Waypoint Centre for Mental Health Care.

The accused, who has treatment-refractory schizophrenia and a history of violence, experienced a rapid deterioration of symptoms and became aggressive towards staff.

The Board found that the restriction of liberty was justified, necessary, and represented the least onerous and least restrictive option available to the hospital at the time, given the failure of de-escalation techniques and the risk posed to staff and others.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for assault and other offences.

The accused sought an absolute discharge, while the hospital and Attorney General sought a continuation of the detention order.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety due to a severe alcohol use disorder and organic brain injury, which predictably lead to aggression and violence when intoxicated.

The Board concluded that the necessary and appropriate disposition was to continue the detention order, as the accused requires a highly supervised environment to maintain abstinence and medication adherence.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for criminal harassment and failing to comply with an undertaking.

The accused suffers from schizoaffective disorder and lacks insight into his illness, though he has recently maintained stability and employment while compliant with long-acting injectable medication.

The Board found the accused remains a significant threat to public safety due to the risk of medication noncompliance and symptom exacerbation.

The Board ordered a conditional discharge to allow the treatment team to transition his care to a non-forensic community team, specifically declining to impose a mandatory treatment condition to test his voluntary compliance.

The accused, previously found not criminally responsible for attempted murder, appeared before the Ontario Review Board for an annual review.

The Board considered whether he continued to pose a significant threat to public safety.

Evidence from the hospital and his attending psychiatrist demonstrated sustained psychiatric stability, complete abstinence from substances, excellent insight, and strong family support.

The Board applied the Winko framework and concluded the accused no longer posed a significant threat.

An absolute discharge was granted.

The hospital requested an early review of the accused's disposition following two serious assaults on staff members by the accused, who was previously found not criminally responsible for uttering threats.

The hospital sought to transfer the accused to a higher security facility (Waypoint).

The Ontario Review Board found that the accused continues to pose a significant threat to public safety due to his unpredictable and impulsive violence.

The Board ordered the accused transferred to Waypoint on a detention order with accompanied privileges, finding it to be the least onerous and least restrictive disposition.

The Ontario Review Board conducted a mandatory review of the disposition for an accused found not criminally responsible for assault with a weapon.

The Board found that the accused continues to represent a significant threat to the safety of the public due to schizophrenia, substance use disorders, and recent aggressive behaviour.

Concluding that a treatment impasse had been reached after years of limited progress, the Board ordered an independent assessment of the accused's diagnosis and treatment plan.

The Board maintained the detention order, added a cannabis prohibition, removed community living privileges, and declined to order a transfer to another hospital.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for criminal harassment and other offences.

The accused, diagnosed with schizoaffective disorder and a personality disorder, had been living in the community on a conditional discharge.

The treatment team, the Attorney General, and the accused jointly submitted that the conditional discharge should be maintained.

The Board accepted the joint submission, finding that the accused remains a significant threat to public safety and that continuing the conditional discharge is the least onerous and least restrictive disposition.

The Ontario Review Board conducted an annual review of the disposition for an accused previously found not criminally responsible for assault.

The accused, who is aging and frail, did not attend the hearing.

Based on the unanimous recommendation of the hospital, the Attorney General, and the accused's counsel, the Board found that the accused no longer represents a significant threat to public safety.

The Board ordered an absolute discharge.

The hospital notified the Ontario Review Board that the accused's liberty had been restricted after he tested positive for cannabis and reported auditory hallucinations telling him to harm himself.

He was readmitted to the hospital from his community group home.

At the restriction of liberty hearing, all parties made a joint submission that the restriction was warranted.

The Board found that the restriction of liberty was necessary and appropriate for public safety and represented the least onerous and least restrictive measure.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for sexual offences.

The accused, diagnosed with schizoaffective disorder and paraphilia, continues to experience chronic paranoid delusions, hallucinations, and episodes of agitation despite treatment, including electroconvulsive therapy.

The Board found that the accused continues to pose a significant threat to the safety of the public.

Concluding that the current disposition is the least onerous and least restrictive option, the Board ordered the accused's continued detention at the high secure forensic hospital.