The appellant appealed a disposition of the Ontario Review Board.
The Court of Appeal noted merit in the argument that the Board improperly focused on the risk of the appellant breaching a release order rather than the risk to public safety.
However, based on fresh evidence that the appellant had relapsed into substance abuse and was returned to the institution, the Court declined to interfere with the Board's order.
The appeal was dismissed, with the Court noting the appellant could renew his argument for a conditional discharge at his next Board hearing.