Dr. Bouskill

The Ontario Review Board held a hearing to determine whether the accused, previously found unfit to stand trial on multiple violent charges, had regained fitness.

The hospital's psychiatrist opined that the accused was fit and that his bizarre testimony at the hearing was malingering motivated by a desire to be transferred to a lower-security facility.

Applying the Supreme Court's test from R. v. Bharwani, the Board rejected the expert's conclusion, finding that the accused's testimony demonstrated a lack of reality-based understanding of the proceedings.

The Board concluded the accused remained unfit to stand trial and ordered his continued detention at the secure hospital.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for aggravated assault and other offences.

The accused, diagnosed with schizophrenia and other disorders, had a difficult year marked by violence and required ongoing seclusion.

However, his mental state had recently improved with medication optimization.

The Board accepted the uncontroverted evidence of the hospital's physician that the accused continued to pose a significant threat to public safety.

The Board ordered the continuation of the existing detention disposition at the secure forensic hospital.

The accused was charged with second-degree murder and attempted murder following a stabbing incident at an apartment.

The accused admitted to causing the death and injuries but raised the defence of advanced intoxication due to polysubstance abuse (alcohol, methamphetamine, and fentanyl).

The court rejected the accused's testimony regarding his memory and consumption at the scene, finding his post-offence conduct demonstrated an ability to foresee the consequences of his actions.

The court found the accused had the requisite intent for second-degree murder under s. 229(a)(ii) of the Criminal Code.

However, the court found the Crown failed to prove the specific intent to kill required for attempted murder, convicting the accused of the lesser included offence of aggravated assault.

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for robbery and manslaughter and designated as a high-risk accused.

The Board found that the accused continues to represent a significant threat to public safety due to his treatment-refractory schizoaffective disorder and substance use disorders.

The Board ordered the continuation of his detention at a high-secure facility but amended the disposition to remove absences for 'compassionate' and 'legal' purposes to comply with the restrictions on high-risk accused under s. 672.64(3) of the Criminal Code.

The Ontario Review Board held an annual hearing and four restriction of liberty hearings for an accused found not criminally responsible for robbery and uttering threats.

The accused, diagnosed with schizoaffective disorder and antisocial personality disorder, had experienced a deterioration in his mental state after his medication was reduced.

The Board accepted the uncontroverted expert evidence that the accused continues to pose a significant threat to public safety and that a conditional discharge would be insufficient to manage his risk.

The Board renewed the detention disposition and found that the four periods of seclusion were warranted and the least restrictive options available at the time.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for assault.

The accused, who suffers from schizophrenia, had been detained in a high secure forensic program.

The hospital, the Crown, and the accused jointly proposed a transfer to a less secure facility.

The Board accepted expert psychiatric evidence that the accused remains a significant threat to public safety if unsupervised, as he would likely cease medication and return to substance use.

However, noting his recent behavioral stability and medication compliance, the Board ordered his transfer to Ontario Shores under a continuing detention order.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment, indecent acts, and assault causing bodily harm.

The hospital, Crown, and accused jointly submitted that the accused remained a significant threat to public safety but had made sufficient progress to warrant a transfer from a high secure to a medium secure facility.

The Board accepted the uncontroverted evidence of the treating psychiatrist that the accused's risk could be managed at a medium secure hospital.

The Board ordered the accused's detention at St. Joseph's Healthcare Hamilton with escorted hospital and grounds privileges.