23 total
The court found the defendant unfit to stand trial due to conversion disorder and suspended the provincial offences proceedings.
The defendant was charged under section 149(2) of the Workplace Safety and Insurance Act with willfully failing to inform the WSIB of a material change in circumstances affecting his benefit entitlement.
Following a workplace accident in 2006 resulting in a temporal bone fracture, the defendant received benefits that were subsequently denied on appeal, leaving him subject to a potential repayment obligation exceeding half a million dollars.
During trial, the defendant collapsed in court, prompting a referral for fitness assessment under section 44 of the Provincial Offences Act.
The court found the defendant unfit to stand trial based on psychiatric evidence of conversion disorder and chronic post-traumatic stress disorder, and ordered the proceedings suspended.
Mentally ill offender sentenced to 6 years for unprovoked manslaughter of his stepfather.
The accused was convicted of manslaughter for the unprovoked stabbing death of his stepfather.
The accused suffers from severe schizophrenia and was likely in an acute psychotic state at the time of the offence.
The Crown sought an 8-year sentence, while the defence sought a sentence equivalent to 4 years and 3 months followed by probation.
The court weighed the gravity of the unprovoked attack against the mitigating factor of the accused's major mental illness.
The court sentenced the accused to 6 years' imprisonment, with credit for pre-trial custody, resulting in a further 33 months to serve, and recommended placement in a specific facility to ensure ongoing psychiatric treatment.
Appeal of Ontario Review Board disposition ordering detention in a medium secure unit dismissed.
The appellant, who was previously found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board ordering his detention in a medium secure unit.
The appellant argued that the disposition was unreasonable, that the Board failed to consider the statutory factors, that the reasons were inadequate, and that a treatment impasse had been reached.
The Court of Appeal dismissed the appeal, finding that the Board's decision was reasonable given the significant escalation in the appellant's aggressive and threatening behaviour and the expert evidence supporting the need for a higher security level.