Dr. Choptiany

The accused was convicted of sexual assault and sexual interference in 2008 but was found unfit to stand trial prior to sentencing.

In 2021, the Ontario Review Board found him permanently unfit and recommended a stay of proceedings, concluding he no longer posed a significant threat to public safety.

The Superior Court held a hearing to determine whether to stay the charges under s. 672.851 of the Criminal Code.

The court rejected the ORB's recommendation, finding that the accused, despite his age and dementia, remained a significant threat to public safety due to his risk of reoffending sexually against children if he gained access to alcohol.

The court concluded a stay would undermine confidence in the administration of justice.

The appellant, who had been found not criminally responsible for violent offences, appealed a disposition of the Ontario Review Board requiring his continued detention at a mental health centre.

He argued the Board erred in rejecting an absolute or conditional discharge.

The Court of Appeal dismissed the appeal, finding the Board's decision reasonable given expert evidence that the appellant posed a high risk of violence, lacked insight, and was unwilling to follow conditions.

A detention order was found to be the least restrictive disposition.

The appellant, who was found not criminally responsible for several assaults, appealed a disposition of the Ontario Review Board ordering his continued detention.

The appellant argued that a conditional discharge was appropriate and that his risk could be managed in the community.

The Court of Appeal dismissed the appeal, finding that the Board reasonably concluded a detention order was necessary due to the appellant's lack of insight into his mental illness, his substance use, and the need for proactive intervention to prevent decompensation.

The offender pleaded guilty to an unprovoked assault causing bodily harm against a stranger while on parole for manslaughter.

The Crown sought a sentence of 3 years and a long-term offender designation.

The court sentenced the offender to 3.5 years (reduced to 6 months with enhanced pre-sentence credit) and 3 years of probation.

The court dismissed the long-term offender application, finding that while the offender posed a risk, the Crown failed to prove beyond a reasonable doubt that there was a substantial risk of violent reoffending as required by the legislation.