Dr. Kolawole

The appellant, who was found not criminally responsible for index offences in 2004, appealed a conditional discharge disposition by the Ontario Review Board.

The Board had concluded he remained a significant threat to public safety due to his historical substance abuse and lack of a formal community treatment plan.

The Court of Appeal allowed the appeal, finding the Board's conclusion unreasonable given the appellant's years of stability, sobriety, medication adherence, and independent living.

The Court ordered an absolute discharge, emphasizing that the threshold for significant threat is onerous and cannot be based on speculative risks or what is merely in the appellant's best medical interests.

The appellant appealed the Ontario Review Board's disposition finding him to constitute a significant threat to public safety and ordering his continued detention at a forensic psychiatric hospital.

The appellant sought an absolute discharge.

The Court of Appeal upheld the Board's decision, finding it reasonable based on the appellant's mental health condition (Bipolar Affective Disorder with psychotic symptoms), history of violent offences involving weapons, documented noncompliance with medication, substance abuse issues, and concerning conduct while detained including the discovery of "to do" lists containing weapons.

The court rejected arguments that a conditional discharge should have been considered, noting the appellant had only recently begun substance abuse programming.

The appellant, an NCR accused with schizoaffective disorder and polysubstance use disorder in remission, appealed the Ontario Review Board's decision to order a conditional discharge rather than an absolute discharge.

The Board had imposed a requirement that the appellant demonstrate a 12-month drug-free period before obtaining absolute discharge, citing substance abuse as the critical risk factor.

The Court of Appeal found the Board had misdirected itself by shifting the burden of proof to the appellant and by relying on speculative evidence of risk rather than evidence demonstrating a significant threat to public safety.

The court allowed the appeal and ordered an absolute discharge.