The appellant was found not criminally responsible for an assault with a weapon due to a mental disorder.
The Review Board ordered his transfer to a medium security hospital with privileges, applying the 'least onerous and least restrictive' test to the conditions of his detention.
The Court of Appeal held this test only applied to the choice of disposition, not the conditions.
The Supreme Court of Canada allowed the appeal, holding that the 'least onerous and least restrictive' requirement under s. 672.54 of the Criminal Code applies to both the disposition and the particular conditions forming part of it.
