An appellant found not criminally responsible on account of mental disorder for criminal harassment appealed the Ontario Review Board's disposition that he constituted a significant threat to public safety and should be transferred between secure forensic units.
The appellant had been detained in the mental health system for over ten years.
Fresh evidence from the appellant's treating psychiatrist and a clinical forensic psychologist using a stalking-specific risk assessment tool concluded the appellant no longer posed a significant threat and was entitled to an absolute discharge.
The majority allowed the appeal and remitted the matter to the Board for fresh determination.
The dissenting judge would have granted an absolute discharge directly, finding the fresh evidence uncontradicted and unequivocal.
