D.W. Shannon

The accused was found not criminally responsible for aggravated assault after stabbing her partner.

At her initial disposition hearing before the Ontario Review Board, the hospital and Crown sought a Detention Order, while the accused sought a Conditional Discharge.

The Board found that the accused remains a significant threat to public safety due to ongoing psychotic symptoms, mood lability, and a history of medication non-compliance.

The Board concluded that a Detention Order is the least onerous and least restrictive disposition necessary to manage her risk, as the Mental Health Act would be insufficient to ensure her continued treatment and supervision.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for failing to stop for police and taking a motor vehicle without consent.

The hospital and the Attorney General initially sought a continuation of the conditional discharge, while the accused sought an absolute discharge.

The Board heard evidence from the treating psychiatrist that the accused was medication compliant, functioning well in the community, and had been accepted by a non-forensic community support team.

Applying the test from Winko, the Board concluded that the accused no longer posed a significant threat to public safety and granted an absolute discharge.