C. Shanahan

The Hospital requested an early hearing before the Ontario Review Board to modify the privileges of an accused found not criminally responsible for dangerous operation of a conveyance.

The Hospital recommended adding international travel privileges and removing the driving prohibition from the Disposition.

The Board denied the international travel request, finding more time was needed to assess the accused's stability given his history of cannabis use and bipolar disorder.

However, the Board granted the removal of the driving prohibition, accepting expert evidence that the accused's risk of driving while manic could be managed without the prohibition and that driving was necessary for his employment and childcare responsibilities.

The accused was found not criminally responsible for three counts of dangerous operation of a conveyance and referred to the Ontario Review Board.

The Board unanimously found that the accused, who suffers from bipolar disorder, represents a significant threat to public safety, particularly when driving in a manic state.

By a 3-2 majority, the Board ordered a Detention Order with conditions, including a strict driving prohibition, prioritizing public safety over the accused's employment and family access needs.

The dissenting members would have omitted the driving prohibition, finding it unnecessary to manage the risk.