3 total
Appeal dismissed upholding Review Board's refusal of community living privileges due to elopement risks.
The appellant, found not criminally responsible on account of mental disorder, appealed the Ontario Review Board's decision to continue his detention in forensic custody without including a provision for community living privileges.
The appellant argued this disposition was not the least onerous or restrictive.
The Court of Appeal dismissed the appeal, finding the Board's decision reasonable given the appellant's significant risk to public safety, history of elopement and substance abuse, and the expert medical opinion that community living was not feasible at that time.
Appeal from Ontario Review Board disposition dismissed; finding of dangerousness and continued detention upheld.
The appellant appealed a disposition of the Ontario Review Board that found he continued to suffer from a serious mental disorder and remained dangerous, ordering his detention in a minimum secure unit.
The appellant argued the Board erred in finding him dangerous and sought an absolute discharge.
The Court of Appeal held that the Board's disposition was reasonable, supported by medical evidence of the appellant's lack of insight, illicit drug use, and risk of decompensation.
The appeal was dismissed.
Appeal from Ontario Review Board detention order dismissed; admission of hearsay police summary was permissible.
The appellant appealed a disposition order of the Ontario Review Board detaining him in a minimum secure unit.
He argued the Board erred by admitting a police summary of his prior criminal activity and that the disposition was unreasonable.
The Court of Appeal dismissed the appeal, finding the Board has wide latitude to receive hearsay evidence and did not rely heavily on the summary.
The Court also held the disposition was reasonable, supported by the evidence of the treating psychiatrist, and represented the least onerous restriction consistent with public protection.
