Clive Jesse Dwight Ewan

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.

An appeal from the Ontario Review Board's detention order for a not criminally responsible accused.

The appellant sought an absolute discharge, arguing she posed no significant risk to public safety based on the absence of violent behaviour since 2015 and abstention from substance abuse since 2016.

The Court of Appeal upheld the detention order, finding that the Board properly applied the test under section 672.54 of the Criminal Code and that evidence supported a finding of significant threat to public safety.

The court rejected the argument that absence of recent violent behaviour eliminated risk, noting that the appellant's stability was contingent on the structured hospital environment and that relapse into substance abuse and medication non-compliance would likely result in psychotic symptoms and violent behaviour.