Dr. Mokhber

The appellant challenged an annual Review Board disposition that maintained a conditional discharge based on a finding of significant threat to public safety.

On appeal under Part XX.1 of the Criminal Code, the court admitted post-hearing psychiatric evidence showing medication discontinuation without decompensation, a revised diagnosis, and a materially lower structured risk assessment.

Applying the interests of justice framework for fresh evidence in NCRMD appeals, the court held the new record required allowing the appeal.

The court found remittal unnecessary because an absolute discharge was the only reasonable disposition on the updated evidence.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for uttering threats and failing to comply with probation.

The accused, diagnosed with schizophrenia and antisocial personality disorder, had made positive gains in treatment and anger management.

Relying on uncontroverted expert evidence, the Board found the accused remained a significant threat to public safety due to a lack of assessment in an unstructured environment.

The Board ordered the continuation of the detention order with increased privileges, including living in the community in approved accommodation.

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

The accused has treatment-resistant schizophrenia and a history of substance use.

The hospital recommended continuing the Detention Order but removing the abstain from substances clause to test the accused's ability to abstain as his privileges increase in the community.

The Board found the accused continues to represent a significant threat to public safety but accepted the hospital's recommendation to remove the abstain clause, noting that close supervision would allow for a quick return to the hospital if his mental health deteriorated.

The accused was found not criminally responsible for assault by choking and was discharged on conditions.

At his initial Ontario Review Board hearing, the hospital's attending psychiatrist testified that the accused's schizophrenia and substance use disorder were in partial remission, he had strong community support, and he no longer posed a significant threat to public safety.

The Crown and the accused supported the hospital's recommendation.

The Board unanimously accepted the psychiatric evidence, found the accused did not pose a significant threat to the safety of the public, and granted an absolute discharge.

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

The accused, who suffers from schizophrenia and cannabis use disorder, had previously choked his mother due to command hallucinations.

The treating psychiatrist testified that the accused's mental status had significantly improved and his medications were optimized, though he still required the structure of a hospital setting.

The Board accepted the joint submission of the parties and ordered the continuation of the detention order with amended privileges, including the possibility of residing in approved accommodation in the community once transitioned.

The accused was found unfit to stand trial on charges including unlawfully in a dwelling house and assaulting a peace officer.

The Ontario Review Board held an initial hearing to determine fitness and disposition.

Based on psychiatric evidence, the Board found that the accused remains unfit to stand trial due to a combination of intellectual disability and an unspecified psychotic disorder.

The Board concluded that the accused represents a significant threat to the safety of the public and ordered a Detention Disposition with privileges, including the possibility of residing in 24-hour supervised community accommodation.

The Ontario Review Board held an annual review hearing for the accused, who had previously been found unfit to stand trial on various charges including mischief and theft.

The attending psychiatrist testified that the accused's schizophrenia symptoms had resolved with medication and that he now demonstrated a reality-based appreciation of the legal process.

Applying the Supreme Court of Canada's recent decision in Bharwani, the Board unanimously accepted the psychiatric evidence and found the accused fit to stand trial.

The Board ordered that the accused be returned to court.

The accused was previously found not criminally responsible for attempted murder and possession of a weapon.

Following a transfer from Alberta to Ontario, the Ontario Review Board held an initial disposition hearing.

Relying on uncontroverted psychiatric evidence, the Board found that the accused continues to suffer from delusional disorder and poses a significant threat to public safety if released without supervision.

The Board ordered a Detention Disposition with privileges to allow for gradual reintegration into the community.

The Ontario Review Board held an initial hearing to determine the fitness of the accused, who had previously been found unfit to stand trial on charges including mischief and causing a disturbance.

The accused has a complex mental health history involving severe trauma, suicide attempts, and diagnoses including Complex PTSD and possible Dissociative Identity Disorder.

Relying on the expert evidence of two treating psychiatrists, the Board found that the accused remained unable to demonstrate a reality-based understanding of court proceedings and could not rationally instruct counsel.

The Board concluded the accused remains unfit to stand trial and ordered a Detention Disposition.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for criminal harassment and assault causing bodily harm due to schizoaffective disorder.

The treating psychiatrist testified that the accused is currently symptom-free, compliant with medication, and has strong community support.

The Board accepted the joint submission of the parties, finding that while the accused remains a significant threat to public safety, his risk can be adequately managed in the community.

The Board ordered a Conditional Discharge.

The Court of Appeal for Ontario allowed Ernest Clayton’s appeal from a Review Board disposition finding him unfit and “permanently unfit” to stand trial.

The court held that the Board failed to apply the fitness test contextually, as required by law, and did not consider relevant evidence about the simplicity of the charges and Clayton’s ability to understand and respond to them.

The Board’s finding of permanent unfitness was also unsupported by sufficient reasons.

The matter was remitted to a differently constituted Board for a new determination of fitness.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused was previously found not criminally responsible for sexual assault and sexual interference.

Based on a joint submission and expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety due to active symptoms of schizophrenia and the risk of medication non-adherence.

The Board ordered the continuation of the Detention Disposition with expanded pass privileges to facilitate the accused's eventual transition to a group home.

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

The accused, diagnosed with schizophrenia and a substance use disorder, had shown progress with a new medication regimen but continued to experience hallucinations and lacked full insight into his illness.

Relying on uncontroverted expert psychiatric evidence, the Board concluded the accused remained a significant threat to public safety.

The Board ordered the continuation of the Detention Order with joint-submission amendments, removing the requirement for supervised accommodation and granting accompanied community passes.

The Ontario Review Board held an annual hearing to determine if the accused, previously found unfit to stand trial on various assault and failure to comply charges, had regained fitness.

Based on psychiatric evidence that the accused's symptoms significantly improved with new medication, the Board found the accused fit to stand trial.

The Board ordered the accused to be returned to court for a fitness determination and, pursuant to s. 672.49(1) of the Criminal Code, ordered continued detention in the hospital to ensure fitness is maintained pending the court appearance.