An appeal from an Ontario Review Board disposition ordering that the appellant remain subject to a conditional discharge.
The appellant, a 62-year-old woman with schizophrenia, was found not criminally responsible for assaulting a five-year-old child in 2011.
The Board concluded she remained a significant threat to public safety based on her history of non-compliance with medication and the risk of decompensation if she ceased treatment.
The Court of Appeal allowed the appeal, finding the Board's conclusion unreasonable and speculative.
The court held that the evidence did not meet the onerous standard required under section 672.54 of the Criminal Code for maintaining restraints on an NCR accused's liberty, and ordered an absolute discharge.
