The appellant, found not criminally responsible (NCR) for six counts of sexual assault due to mental disorder, appealed an Ontario Review Board (ORB) disposition of conditional discharge, seeking an absolute discharge.
The appellant argued the ORB erred in finding he posed a significant threat to public safety, citing his stability under strict bail conditions and improved insight.
The Court of Appeal dismissed the appeal, upholding the ORB's finding that a foreseeable and substantial risk of serious harm remained, considering the nature of his illness, past non-compliance, and the recency of his improved insight, despite his recent stability.
