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The Court of Appeal upheld an ORB disposition continuing the appellant's detention and denying smoking privileges due to past non-compliance.
The appellant, found not criminally responsible (NCR) for various offences, appealed a disposition by the Ontario Review Board (ORB) that continued his detention at the North Bay Regional Health Centre.
The appeal raised two issues: whether the ORB unreasonably focused on Fetal Alcohol Syndrome to the exclusion of trauma and Gladue principles, and whether its decision regarding smoking privileges was unreasonable.
The Court of Appeal dismissed the first ground due to the appellant's concessions on the detention disposition.
Regarding smoking, the court found the ORB's decision reasonable, noting the hospital's smoke-free policy and the appellant's past non-compliance with privileges.
The appeal was dismissed.
The Court of Appeal upheld a Review Board detention order, finding the clinical assessment of significant public safety risk reasonable.
The appellant, found not criminally responsible, appealed the Ontario Review Board's detention order, arguing the Board erred in finding she posed a significant public safety risk and seeking an absolute or conditional discharge.
The Court of Appeal dismissed the appeal, finding the Board's conclusion on significant risk was reasonable, supported by clinical assessment, and that a conditional discharge was not appropriate given the appellant's limited insight and inability to be monitored in the community.
The court also found the Board adequately considered Gladue principles.
