Dr. A. Danyluk

An appeal from an Ontario Review Board disposition ordering the continued detention of a not criminally responsible accused at Waypoint Mental Health Care.

The appellant sought an absolute discharge, alternatively a transfer to another facility, or in the further alternative, an independent psychiatric assessment.

The Court of Appeal upheld the board's finding that the appellant continues to pose a significant threat to public safety based on his extensive criminal history involving sexual violence, his psychiatric diagnoses including psychopathy, and his lack of engagement with treatment programs.

The court dismissed the appeal but directed the board to reconsider the request for an independent assessment at the next annual review.

An appeal from an Ontario Review Board disposition ordering continued detention of an NCR accused at a maximum security forensic psychiatric facility.

The appellant was found not criminally responsible for attempted murder of his former psychiatrist and had been detained since 2006.

The appellant refused to engage in treatment and maintained a negative view of mental health workers.

The Court of Appeal upheld the board's finding that the appellant posed a significant threat to public safety but found that the board erred in failing to recognize a treatment impasse after a decade of no progress.

The court ordered a new hearing to consider an independent assessment and alternative treatment approaches.