Dr. Bergstrome

An appeal under Part XX.1 of the Criminal Code from a disposition of the Ontario Review Board dated September 19, 2017.

The appellant, found not criminally responsible on account of mental disorder in 2009, sought transfer from Waypoint Centre for Mental Health Care to a less secure facility.

Although the parties agreed a transfer was appropriate, the Board majority refused the transfer.

The appellant challenged the decision on grounds of procedural unfairness and failure to impose the least onerous and least restrictive disposition.

The Court of Appeal allowed the appeal and remitted the matter to the Board, finding that while procedural fairness was maintained and the Board's decision fell within the range of reasonable outcomes, the Board erred by failing to consider ordering an independent psychiatric assessment given the uncertainty surrounding the appellant's diagnosis.

The appellants appealed a disposition of the Ontario Review Board denying an absolute discharge and ordering a transfer to a less secure facility.

The hospital appellant argued the Board breached procedural fairness by ordering the transfer despite its objections.

The individual appellant argued the Board unreasonably rejected his treating physician's evidence that he no longer posed a significant threat to public safety.

The Court of Appeal dismissed the appeal, finding that the hospital received adequate notice but chose not to participate, and that the Board's findings regarding the individual's diagnosis and ongoing threat to public safety were reasonable.

The appellant, found unfit to stand trial, appealed a disposition of the Ontario Review Board that rejected a joint submission without explicit prior notice.

The Board imposed a more restrictive disposition than proposed, citing the appellant's ongoing violent behaviour.

The Court of Appeal dismissed the appeal, finding that the Board's probing questions during the hearing provided adequate notice of its concerns regarding the joint submission, satisfying the requirements of procedural fairness.