Dr. Adams

An appeal from an Ontario Review Board disposition ordering continued detention under Part XX.1 of the Criminal Code.

The appellant argued that the Board improperly conflated the risk of relapse in mental illness with the risk to public safety.

The Court of Appeal upheld the Board's decision, finding that the evidence supported a finding of significant risk of reoffending based on the appellant's psychosis triggered by substance abuse, his history of violent behaviour, and high actuarial risk scores.

The Board properly rejected a conditional discharge, accepting expert evidence that Mental Health Act provisions would be inadequate to protect the public.

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.