Dr. Peter Sheridan

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

The accused, who was found not criminally responsible for assault and forcible confinement, is diagnosed with schizoaffective disorder.

The Board accepted the joint submission and the uncontroverted psychiatric evidence that the accused remains a significant threat to public safety due to his vulnerability to stress and risk of medication non-adherence.

The Board ordered the continuation of the conditional discharge with the existing terms and conditions.

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

The accused sought an absolute discharge, supported by his treating psychologist, while the attending psychiatrist and the hospital argued he remained a significant threat to public safety due to his history of cannabis-induced psychosis and lack of community psychiatric follow-up.

The Board found that the accused continues to pose a significant threat to public safety, citing his rapid decompensation following a previous absolute discharge and the ongoing risks associated with potential cannabis use.

The Board ordered the continuation of the conditional discharge with a reduction in reporting requirements.

Matthew Gibson, found not criminally responsible (NCR) for criminal harassment and breach of recognizance, appealed the Ontario Review Board's disposition maintaining conditional discharge.

He argued the Board erred in finding he posed a significant threat to public safety, contending the risk assessment was unreasonable and unsupported by evidence, particularly given his compliance with medication and treatment, and stable family support.

The Court of Appeal dismissed the appeal, finding no error in the Board's application of the significant risk test under the Criminal Code.

The court affirmed the Board's holistic consideration of risk factors, including lack of insight into his illness and index offences, and continued cannabis use, which outweighed protective factors, concluding the conditional discharge was necessary to manage the ongoing significant risk to public safety.

The defendant pleaded guilty to sexual interference of a five-year-old child, the defendant's granddaughter, contrary to Section 151 of the Criminal Code.

The abuse occurred over approximately two years, from when the victim was three to five years old, on multiple occasions at both the defendant's home and the victim's home.

The conduct included touching the victim's genitals under her underwear and requiring the victim to manipulate the defendant's genitals, resulting in masturbation with discharge that the victim was required to clean up.

The court imposed a sentence of 14 months imprisonment followed by three years probation, along with ancillary orders including a no-contact order, DNA order, firearm prohibition, Sexual Offender Information Registry requirement, and Section 161 prohibition order with limited exceptions.