The appellant, who was found not criminally responsible for several offences, appealed a disposition of the Ontario Review Board ordering his detention in the Secure Forensic Service at Ontario Shores Centre for Mental Health Sciences.
The appellant argued he should receive an absolute discharge and that the Board erred in applying the test for the least onerous and least restrictive disposition.
The Court of Appeal dismissed the appeal, finding the Board's assessment of the evidence reasonable and concluding that the transfer to the Secure Forensic Service was actually less restrictive due to a higher staff-to-patient ratio allowing for greater freedom.