D. Rose

The Ontario Review Board held an annual hearing for an accused previously found unfit to stand trial on charges of mischief and failure to comply.

The accused suffers from major neurocognitive disorder (dementia) and alcohol use disorder.

The Board accepted the joint submission of the parties, supported by psychiatric evidence, that the accused is permanently unfit to stand trial due to progressive cognitive decline.

Furthermore, the Board found that the accused no longer represents a significant threat to the safety of the public, as his risk of violence is low and can be managed under the Mental Health Act.

The Board ordered that the accused be referred back to the court for a recommended stay of proceedings.

The Ontario Review Board convened a hearing to reconsider the accused's fitness to stand trial, following a remand from the Ontario Court of Appeal.

The accused, who has an intellectual developmental disorder, had previously been found unfit.

Based on updated psychiatric assessments and applying the Supreme Court of Canada's recent framework in Bharwani, the Board accepted the joint submission that the accused is now fit to stand trial.

The Board found that the accused has a reality-based understanding of the trial process and can meaningfully participate with appropriate court accommodations.

The accused was referred back to the court for next steps.

The Ontario Review Board held a hearing to review the disposition of the accused, who was previously found not criminally responsible for a terrorism hoax.

The hospital and the Attorney General argued that the accused continued to pose a significant threat to public safety and sought a continuation of his detention order.

The Board reviewed the evidence, including the accused's lack of recent violent history and his successful integration into the community over several years.

The Board concluded that the evidence of a significant threat was speculative and did not meet the legal threshold.

Consequently, the accused was granted an absolute discharge.

The accused was previously found unfit to stand trial on charges including being unlawfully in a dwelling and failing to comply with an undertaking.

The hospital requested an early hearing, asserting that the accused was now fit.

The Ontario Review Board heard evidence from the treating psychiatrist that the accused's condition had improved due to medication optimization and the use of visual cues.

The Board accepted the joint submission of the parties, finding that the accused had a reality-based understanding of the proceedings and was able to instruct counsel.

The Board concluded that the accused was fit to stand trial and ordered his return to court.