The appellant, found not criminally responsible (NCR) in 2007, appealed a decision by the Ontario Review Board (ORB) that continued his conditional discharge rather than granting an absolute discharge.
The appellant argued that the ORB's finding of a significant threat to public safety was unreasonable and that the Board misapplied the significant threat test by reversing the burden of proof.
The Court of Appeal dismissed the appeal, finding that the ORB's decision was reasonable, supported by psychiatric evidence of the appellant's ongoing symptoms and risk of re-offence, and that the Board correctly applied the "significant threat" test under the Criminal Code without reversing the burden of proof.
