The appellant, who was found not criminally responsible on account of mental disorder, was detained at a forensic psychiatric hospital.
The Review Board ordered that he continue to be held in custody but imposed conditions requiring the hospital director to review his treatment plan, provide an independent risk assessment, and explore culturally appropriate treatment.
The Court of Appeal struck the conditions, finding the Board lacked jurisdiction to impose medical treatment or bind parties other than the accused.
The Supreme Court of Canada allowed the appeal, holding that while Review Boards cannot prescribe medical treatment, they have the authority under the Criminal Code to make conditions regarding or supervising medical treatment that are binding on hospital authorities.
