Deborah Krick

The appellant, who was previously found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board that ordered his continued detention at the Centre for Addiction and Mental Health.

The appellant argued that a conditional discharge allowing him to return to his independent apartment was the least onerous and least restrictive disposition.

The Court of Appeal dismissed the appeal, finding that the Board's decision was entitled to deference and reasonably concluded that the appellant required close 24-hour supervision due to his history of decompensation, violent behaviour, and substance abuse.

The appellant was convicted of firearms offences and released on bail pending appeal.

He subsequently absconded, failing to reside with his surety or surrender into custody as required by his release order.

His counsel brought a motion to be removed as solicitor of record due to a breakdown in communications, which was granted.

The Crown brought a motion to dismiss the appeal as abandoned.

The Court of Appeal granted the Crown's motion, dismissing the appeal as abandoned and issuing a warrant for the appellant's arrest.