Dr. Chatterjee

The appellant, who was found not criminally responsible, appealed a disposition of the Ontario Review Board that ordered his continued detention at the Centre for Addiction and Mental Health with permission to live in the community restricted to supervised accommodation.

The appellant argued the Board erred by failing to consider a conditional discharge and by requiring supervised accommodation.

The Court of Appeal admitted fresh evidence showing the appellant was not yet ready for a conditional discharge, as recent attempts at community living had failed.

The Court also found the Board's requirement for supervised accommodation was reasonable and supported by expert opinion.

The appeal was dismissed.

The appellant, who suffered from a severe mental illness, was found marginally fit to stand trial and subsequently pleaded guilty to several offences, including common nuisance.

The trial judge entered findings of guilt and later found the appellant not criminally responsible on account of mental disorder (NCRMD) without conducting a plea inquiry.

On appeal, the Court of Appeal set aside the guilty pleas, findings of guilt, and NCRMD verdicts, holding that the trial judge's failure to conduct a plea inquiry vitiated the pleas given the appellant's mental state and lack of understanding of the consequences.