The appellant appealed an Ontario Review Board disposition ordering his continued detention.
The Board found that the appellant would stop his medication and abuse substances if given an absolute discharge, but failed to consider a conditional discharge.
The Court of Appeal allowed the appeal, holding that the Board's failure to specifically inquire into the availability and propriety of a conditional discharge as the least onerous disposition was an error of law.
The Court also noted the Board improperly considered non-conviction charges in its risk assessment.
The disposition was quashed and the matter remitted for a new hearing.
