Chadwick James Bracken

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

The accused had been living in the community under a conditional discharge with minimal terms.

The treating psychiatrist testified that the accused had maintained a stable mental status, abstained from substances, and had strong family and professional supports on his First Nation reserve.

The Board applied the Winko test and concluded that the accused no longer posed a significant threat to the safety of the public.

An absolute discharge was granted.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault and other offences.

The Board found that the accused remains a significant threat to the safety of the public due to his history of substance abuse and risk of relapse, despite maintaining sobriety for the past year.

The Board ordered the continuation of his detention order at the hospital, with a modification to his privileges allowing for indirectly supervised passes of up to 7 days in the community to facilitate his upcoming transition to a supervised group home.

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

The accused, diagnosed with schizophrenia, had been living in a supervised community residence and remained medication compliant.

The Board accepted the joint recommendation of the parties, finding that the accused remained a significant threat to public safety due to his history of severe violence while experiencing command hallucinations and prior medication non-compliance.

The Board ordered the continuation of the current detention order to ensure close monitoring and medication administration.

The Ontario Review Board conducted an annual review and a restriction of liberty hearing for an accused found not criminally responsible for assault.

The accused, diagnosed with schizophrenia, had his liberty restricted after failing to take his medication, requiring hospitalization to re-titrate his clozapine dosage.

The Board found that the accused continues to represent a significant threat to the safety of the public and ordered a continued Detention Disposition.

The Board also found that the hospital's restriction of the accused's liberty was warranted, necessary, and appropriate.

The Ontario Review Board conducted an annual review of the disposition for the accused, who was found not guilty by reason of insanity on a charge of sexual assault.

The accused has schizophrenia and a history of physical aggression, though his mobility has recently declined.

The Board accepted the unanimous opinion of the treatment team that the accused continues to pose a significant threat to public safety due to cyclical psychotic symptoms.

The Board ordered a continuation of the Detention Disposition at the North Bay Regional Health Centre to provide necessary support and supervision, while maintaining conditions to assist with future placement in a nursing home.

The Ontario Review Board held a mandatory annual hearing for the accused, who was found not criminally responsible for arson and breach of probation.

The hospital and all parties recommended continuing the current disposition, which detains the accused at the hospital but grants privileges to live in supervised community accommodation.

The Board found that the accused continues to pose a significant threat to public safety due to schizophrenia, a history of substance abuse, and the risk of medication non-compliance.

The Board ordered the continuation of the current disposition to ensure adequate support and supervision as the accused transitions to more independent living.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for possession of a weapon for a dangerous purpose.

The accused has diagnoses of schizophrenia, substance use disorder, and borderline personality disorder.

The Board found that the accused continues to represent a significant threat to the safety of the public due to the risk of medication non-adherence and substance relapse without structured support.

The Board ordered the continuation of the current discharge on conditions, with the removal of the condition requiring the accused to accept treatment on consent.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for assault and breach of probation.

The accused, diagnosed with schizophrenia, had made significant progress in community reintegration but remained vulnerable to stressors.

Based on expert psychiatric evidence and a joint submission from all parties, the Board found the accused continued to pose a significant threat to public safety.

The Board ordered a conditional discharge with terms requiring the accused to reside at a specific supportive housing location and report to the hospital as required.

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

The accused, who was previously found not criminally responsible for various offences including assault and uttering threats, suffers from treatment-refractory schizophrenia and stimulant use disorder.

The Board accepted the psychiatric evidence that the accused continues to experience command hallucinations and requires intensive hospital monitoring.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered that his Detention Order be continued.

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

The accused suffers from delusional disorder and cannabis use disorder.

The Board accepted the uncontroverted psychiatric evidence that the accused lacks insight into his illness and would likely decompensate and pose a risk of serious harm if released without supports.

The Board found the accused continues to pose a significant threat to public safety and ordered a continuation of his detention disposition with a minor amendment to his conditions.

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

The accused was previously found not criminally responsible for various offences including assault with a weapon.

The Board heard evidence from the attending psychiatrist that the accused continues to suffer from schizophrenia and substance use disorders, and would likely disengage from treatment if left to his own devices.

The Board found that the accused continues to pose a significant threat to public safety and ordered that his detention order be continued.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for threatening death or bodily harm.

The accused, diagnosed with Schizoaffective Disorder and other conditions, had been living successfully in a supervised group home under a Conditional Discharge.

The Board found that the accused continues to pose a significant threat to public safety due to his major mental illness, underdeveloped insight, and risk of noncompliance with medication if unsupervised.

The Board ordered the continuation of the Conditional Discharge with the removal of the condition requiring alcohol and drug testing, as the accused had no recent history of substance abuse.

The accused, previously found not criminally responsible for assault, was subject to an annual review of his Conditional Discharge by the Ontario Review Board.

The accused requested an Absolute Discharge.

The Board considered expert psychiatric evidence indicating the accused suffers from treatment-refractory paranoid schizophrenia, lacks insight into his illness, and would likely cease medication and decompensate if discharged absolutely.

The Board found the accused continues to pose a significant threat to public safety and ordered that the existing Conditional Discharge remain in place without amendment.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for second-degree murder.

The Board found that the accused continues to pose a significant threat to public safety due to his Schizoaffective Disorder, Moderate Intellectual Disability, and history of violence when unmedicated.

The Board renewed his Conditional Discharge Disposition, noting he remains stable on medication and is awaiting an appropriate supervised community placement.

The accused was found not criminally responsible for first-degree murder after drowning her 10-month-old daughter while suffering from severe postpartum depression and bipolar disorder.

At her initial Ontario Review Board disposition hearing, all parties agreed she remained a significant threat to public safety.

The Board ordered her detained at the North Bay Regional Health Centre with a stepwise privilege plan, and directed her eventual transfer to the Southwest Centre for Forensic Mental Health Care to facilitate family support and community reintegration.

The Ontario Review Board held an initial disposition hearing for the accused, who was found not criminally responsible for assaulting a peace officer.

The accused suffers from treatment-refractory schizophrenia and substance use disorders, with a lengthy criminal history and a pattern of non-compliance with medication and court orders.

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

A detention order was issued with terms recommended by the hospital to allow for a gradual, stepwise approach to community access and monitoring.

In a criminal voir dire arising from sexual assault and sexual interference charges, the court considered whether oral and written statements made during a police interview were voluntary.

The accused argued that lack of sleep, emotional distress, and forceful police questioning rendered the statements involuntary.

Applying the confessions rule and the framework governing oppressive circumstances, the court found the interview was relatively brief, the accused remained lucid, had access to coffee, declined counsel, and his will was not overborne.

Both the verbal statements and the written apology were ruled voluntary and admissible at trial.

The accused applied for a bail review under s. 520 of the Criminal Code following a detention order by a Justice of the Peace.

The accused argued the JP erred in law by conflating the secondary and tertiary grounds for detention and by failing to apply the ladder principle.

The Superior Court of Justice dismissed the application, finding no legal errors.

The court held that the strength of the Crown's case and potential jail sentence are relevant considerations under the secondary grounds, and that the JP correctly concluded no release plan could mitigate the substantial risk of the accused re-offending.

The accused brought a motion seeking a stay of proceedings for alleged breaches of s. 7 of the Charter arising from late disclosure and alleged refusal to provide information relating to a proposed third-party suspect.

The late disclosure involved photographs and notes that had not been transmitted through the police forensic database to the Crown and defence due to an inadvertent failure in the evidence transfer process.

The court held that late disclosure alone does not establish a Charter breach and that the accused must demonstrate prejudice affecting the ability to make full answer and defence.

As no prejudice or abuse of process was proven and the requested investigative material relating to a third party was speculative and unsupported by evidence, the court found no violation of s. 7.

The motion for a stay of proceedings was dismissed.