1 total
Review Board decision denying absolute discharge to NCR accused overturned as unreasonable for ignoring conflicting expert evidence.
The appellant, who was found not criminally responsible for index offences in 2007, appealed a disposition of the Ontario Review Board that concluded he constituted a significant threat to the safety of the public and ordered his continued detention without community living privileges.
The Court of Appeal allowed the appeal, finding the Board's decision unreasonable because it failed to address conflicts and ambiguities in the expert evidence regarding whether the appellant posed a significant threat, particularly given his lack of violent offences since 2003.
The matter was returned to the Board for a fresh determination.
