Dr. Darby

The appellant, who was found not criminally responsible for forcible confinement and assault, appealed a disposition of the Ontario Review Board ordering his detention in the Secure Forensic Unit of CAMH.

The appellant argued the Board erred in its placement decision, failed to consider a less restrictive unit, and unfairly limited cross-examination of his treating psychiatrist.

The Court of Appeal dismissed the appeal, finding the Board's decision reasonable given the appellant's lack of insight, refusal of treatment, and the significant threat he posed to the public.

The appellant appealed a 2008 disposition of the Ontario Review Board, which ordered his continued detention in a medium security ward.

The Court of Appeal found ample evidence to support the Board's conclusion that the appellant remained a significant threat to public safety.

The Court declined to remit the matter for the imposition of conditions, finding the issue moot because the Board was already conducting a multifaceted hearing that would address the appellant's current circumstances and conditions.

The appeal was dismissed.