Dr. Ajay Prakash

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for attempt to commit murder.

The accused, diagnosed with schizophrenia and substance use disorder, had made significant progress in the community and maintained abstinence.

The Board accepted the joint recommendation of the parties, finding that the accused remains a significant threat to public safety due to the risk of rapid decompensation.

The Board ordered the continuation of the detention disposition with expanded community privileges, including reduced reporting requirements and the removal of abstain and no-contact clauses.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for weapons and threat offences.

The accused, diagnosed with schizophrenia and a substance use disorder, had successfully transitioned to a less supervised community residence and remained abstinent.

The Board found that the accused continues to represent a significant threat to public safety but concluded that a conditional discharge with a residency requirement and treatment conditions was the necessary and appropriate disposition to manage the risk while promoting reintegration.

The Ontario Review Board held a mandatory annual review of the disposition for an accused found not criminally responsible for attempted murder and assault with a weapon.

The accused had been living in the community and making significant progress in managing his bipolar and substance use disorders.

The Board accepted the joint position of the parties that the accused continues to pose a significant threat to public safety, but that the threat can be adequately managed by a conditional discharge with reduced reporting requirements and the removal of the abstention condition, pending his transition to a community mental health team.

The Court addressed the test for fitness to stand trial under s. 2 of the Criminal Code and held that fitness requires capacity to make and communicate reality-based defence decisions, not capacity to make decisions in one’s best interests.

Applying that standard, the majority found no basis to disturb findings that the accused was fit despite fluctuating psychotic symptoms, because the record showed sustained reality-based participation and intelligible communication.

The majority also dismissed fresh and new evidence motions concerning post-trial psychiatric evidence and later judicial findings about the Crown expert’s practices, concluding the proposed evidence could not reasonably have affected the verdict.

A dissent would have admitted the fresh evidence, found a miscarriage of justice, quashed the conviction, and ordered a new trial.

The Ontario Review Board held a mandatory annual review of the accused's disposition.

The accused, previously found not criminally responsible for various offences, had relapsed into substance use, prompting his readmission to the hospital to prevent mental decompensation.

Accepting the joint submission of the parties and the evidence of the attending psychiatrist, the Board found that the accused remains a significant threat to public safety.

The Board ordered a Detention Order with privileges up to living in the community, emphasizing the need for the hospital to have the authority to expeditiously readmit him if early warning signs of psychosis reappear.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for various offences including assaulting a peace officer.

The accused, diagnosed with schizophrenia and substance use disorder, had recently transitioned to independent living.

Based on a joint submission and psychiatric evidence, the Board found the accused remains a significant threat to public safety.

The Board ordered a continued Detention Order with modifications, including a travel pass to visit family, as the least onerous and least restrictive measure to manage his risk.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for robbery.

The accused, diagnosed with schizoaffective disorder and substance use disorder, was living in the community under a detention disposition.

The parties jointly submitted that the accused remained a significant threat to public safety but recommended removing the substance abstention condition to test his internal motivation to abstain, coupled with increased reporting.

The Board accepted the joint submission, finding that the accused's history of decompensation linked to cannabis use required ongoing oversight, but agreed to remove the abstention clause while maintaining the detention disposition and increasing reporting frequency.

The Ontario Review Board held a hearing to review the hospital's decision to restrict the liberty of an accused previously found not criminally responsible for first-degree murder and arson.

The accused had been living in the community but was readmitted to the hospital after police found him consuming alcohol and cannabis in violation of his disposition, following allegations of harassment.

The Board accepted expert psychiatric evidence that the accused was experiencing acute decompensation of a bipolar-related disorder exacerbated by substance use and suboptimal treatment.

The Board concluded that both the initial and ongoing restrictions of liberty were warranted, necessary, and the least onerous interventions available to protect public safety.

The Board also approved joint submissions to amend the disposition to include specific no-contact provisions.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for mischief and uttering threats.

The accused, diagnosed with Schizoaffective Disorder and Substance Use Disorder, had recently transitioned to independent living and maintained abstinence from substances.

The Board accepted the joint submission of the parties, supported by psychiatric evidence, finding that the accused continues to pose a significant threat to public safety.

A detention disposition was maintained, but conditions were varied to remove the abstain clause to test his internal motivation, while retaining a residential treatment clause and modifying pass privileges to support his ongoing community reintegration.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for mischief.

The Hospital and the Crown sought a Detention Order, while the accused sought an Absolute Discharge or, alternatively, a Conditional Discharge.

The Board found that the accused continues to represent a significant threat to the safety of the public due to her history of substance use and the risk of rapid mental status decompensation if she were to stop her medication or resume using crystal methamphetamine.

However, noting her remarkable stability in the community over the past two years, the Board concluded that a Conditional Discharge with conditions including substance use abstention and weekly reporting was the least onerous and least restrictive disposition.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for arson.

The accused, diagnosed with a schizophrenia spectrum disorder, had stopped taking antipsychotic medication and exhibited ongoing paranoia and imperfect insight.

The Board found that the accused continues to pose a significant threat to public safety due to a substantial risk of decompensation.

The Board ordered the continuation of the conditional discharge, but reduced reporting requirements and removed the submit samples and consent to treatment clauses, representing the least onerous and least restrictive disposition.

The Ontario Review Board held a hearing to review the hospital's decision to significantly restrict the accused's liberty by admitting him to the hospital from the community.

The accused, who was previously found not criminally responsible for arson, had been non-compliant with medication, using substances, and expressing violent ideation.

The Board found that the restriction of liberty was necessary, appropriate, and the least onerous measure available for public safety.

The Board also amended the existing disposition on consent to allow for future passes to a residential treatment program and within Southwestern Ontario.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for various offences including robbery and assault with a weapon.

The hospital and the Attorney General recommended a continuation of the Detention Order with expanded privileges, including the removal of the substance abstain clause to test the accused's ability to cope in the community.

The accused's counsel agreed with the joint submission.

The Board found that the accused continues to pose a significant threat to public safety due to her severe mental illness, history of substance abuse, and underdeveloped insight.

The Board ordered the continuation of the Detention Order with the recommended changes, and directed the preparation of a Gladue Report for the next hearing.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for dangerous operation, break and enter, and assault.

The accused, diagnosed with Bipolar Disorder, had recently stabilized following medication optimization, including a long-acting injectable antipsychotic.

The Board accepted the attending psychiatrist's evidence that while the accused's risk had lowered, he continued to pose a significant threat to public safety due to his history of decompensation, non-compliance, and the recency of his improvements.

The Board ordered the continuation of the Conditional Discharge with modifications, removing the residence and abstain conditions and reducing reporting requirements, but retained the no-contact conditions regarding the victims.

The Ontario Review Board held a hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for assault causing bodily harm.

The accused, diagnosed with schizophrenia, had recently experienced a decline in physical health and cognition, leading to falls and a brief unauthorized absence from his long-term care home, resulting in readmission to the hospital.

The Board found that the accused continues to pose a significant threat to public safety due to his major mental illness, lack of insight, and need for supervision.

The Board ordered the continuation of the current conditional discharge without changes, finding it to be the least onerous and least restrictive disposition.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for first-degree murder and arson.

The accused suffers from an unspecified bipolar disorder and a substance use disorder.

The Board found that the accused continues to pose a significant threat to public safety due to diagnostic uncertainty, limited insight, and the risk of relapse into substance use, which historically exacerbated his psychotic symptoms.

The Board ordered the continuation of the detention order, maintained the absolute prohibition on alcohol and drugs, expanded travel privileges, and added a condition requiring the accused to report any romantic involvements.

The Ontario Review Board held a hearing to review a significant increase in the restriction of the accused's liberty following his readmission to the hospital.

The accused, who has schizophrenia, requested readmission due to delusions of being sexually assaulted, which were attributed to inadequate antipsychotic treatment and medication non-compliance.

The Board found that the initial and ongoing restrictions of liberty were necessary, appropriate, and the least restrictive option available to manage the increased risk presented by the accused.

The accused was previously found unfit to stand trial on various charges including assault and uttering threats.

Following a period of detention and treatment at a forensic hospital, the Ontario Review Board held an initial disposition hearing.

Based on expert psychiatric evidence and a joint submission from the parties, the Board found that the accused's schizophrenia symptoms were largely contained with medication and that he was now fit to stand trial.

The Board ordered that the accused be returned to court and issued a Keep Fit Order, detaining him at the hospital to ensure medication compliance and maintain his fitness pending trial.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for second-degree murder.

The accused, diagnosed with schizoaffective disorder, had a successful year in the community with no hospital admissions or cannabis use, though she consumed alcohol.

The Board found that the accused continues to pose a significant threat to public safety but granted a conditional discharge.

Accepting the attending psychiatrist's evidence, the Board declined to impose an alcohol abstain clause or driving restriction, finding no connection between her alcohol use and her risk to the public.

The Ontario Review Board held an initial disposition hearing for an accused previously found unfit to stand trial on various charges including harassment and assault.

Based on the expert evidence of the treating psychiatrist and a joint submission from the parties, the Board found that the accused's schizophrenia and delusional beliefs were sufficiently managed by medication to render him fit to stand trial.

The Board ordered the accused returned to court and issued a Keep Fit Order to ensure his continued medication adherence and fitness pending trial.