The appellant appealed a disposition of the Ontario Review Board that continued his conditional discharge from the North Bay Regional Health Center.
The appellant argued that the Board failed to focus on whether he posed a significant risk of serious harm to the public as required by s. 672.54 of the Criminal Code, and that the Board erred in failing to consider whether a community treatment order under the Mental Health Act could mitigate residual risk.
The Court of Appeal dismissed the appeal, finding that the Board's decision was reasonable given the appellant's schizoaffective disorder, his history of violence, and the evidence that he would discontinue medication if absolutely discharged.
