The appellant appealed a decision of the Ontario Review Board declaring him unfit to stand trial and ordering his detention at the Brockville Mental Health Centre.
The appellant did not contest his unfitness or the finding that he posed a significant risk to the community due to serious mental illness, but argued he should be transferred to the Royal Ottawa Mental Health Centre instead.
The Court of Appeal found the Review Board erred by failing to investigate when the complainant would be discharged from the Royal Ottawa Centre, which was the primary basis for the transfer order.
The court also identified unresolved questions regarding the appellant's linguistic rights under the Criminal Code and the French Language Services Act.
The appeal was allowed and the matter was remitted to the Review Board for a new hearing.
