Dr. Alatishe

The appellant, who was found not criminally responsible for assault with a weapon and aggravated assault, appealed the Ontario Review Board's disposition continuing her detention order.

She sought an absolute discharge.

The Court of Appeal found the Board's decision reasonable, noting the appellant's severe and persistent mental illness, history of violence, treatment non-compliance, and substance use.

The Board correctly applied the legal tests to conclude she remained a significant threat to public safety and that a detention order was the least onerous and appropriate disposition.

An appeal of an Ontario Review Board disposition dated September 10, 2018, concerning an NCR accused found not criminally responsible on account of mental disorder.

The appellant challenged the Board's imposition of a detention order in place of a conditional discharge, arguing the detention was not necessary and appropriate and was not the least onerous and least restrictive disposition.

The appellant had absconded from her group home, breached conditions by using substances, and demonstrated diminished insight into her illness.

The Court of Appeal dismissed the appeal, finding the Board's decision fell within a range of reasonable outcomes given the appellant's increased risk profile and the need for hospital flexibility in managing her care and community placement.