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The Court of Appeal upheld a Review Board detention order despite COVID-19 pandemic concerns.
The appellant, found not criminally responsible (NCR) for various offences, appealed a detention order issued by the Ontario Review Board.
The appellant argued the Board erred by failing to consider his significant progress in hospital, the impact of the COVID-19 pandemic, the hospital's prior non-compliance with a restriction of liberty (ROL) order, and an alleged outdated understanding of the Mental Health Act's committal provisions by the treating psychiatrist.
The Court of Appeal dismissed the appeal, finding that the Board properly considered the appellant's progress and the pandemic's effects, appropriately reprimanded the hospital for its past non-compliance, and was entitled to rely on the psychiatrist's evidence given the record.
The court emphasized the Board's paramount consideration of public safety and the need for a complete record on Mental Health Act committal provisions in future disputes.
The court granted the applicant's bail review, finding that the COVID-19 pandemic constituted a material change in circumstances and that detention was not justified on secondary or tertiary grounds.
The applicant, E.M., sought a bail review under s. 520 of the Criminal Code, arguing that the COVID-19 pandemic constituted a material change in circumstances.
E.M. was charged with 31 firearms-related offences and had been in custody for over a year.
The Crown conceded the material change but opposed release primarily on tertiary grounds.
The court found that E.M. had discharged her onus on the tertiary ground, considering the strong release plan, the circumstantial nature of some charges, the significant delay caused by the pandemic, and compassionate grounds as a mother of four young children.
The court emphasized that while the allegations were serious, the public's confidence in the administration of justice would not be undermined by release under strict conditions, especially given the public health implications of incarceration during the pandemic.
