An NCR accused appealed the Ontario Review Board's disposition ordering his detention at the General Forensic Unit of the Centre for Addiction and Mental Health with discretionary community living privileges.
The appellant argued he posed no significant risk to public safety, citing 15 years without violent behaviour, and sought an absolute discharge or conditional discharge.
The Court of Appeal upheld the Board's decision, finding that the Board properly considered all relevant factors under section 672.54 of the Criminal Code and reasonably concluded the appellant continues to pose a significant threat to public safety based on his mental illness, lack of insight, substance abuse issues, and criminal history.
The court emphasized that absence of violent behaviour does not eliminate risk of serious psychological harm, and that Part XX.1 is designed to protect public safety before violence occurs.
