A dual status offender appealed a decision of the Ontario Review Board refusing to schedule a placement hearing to determine whether his current place of custody (a penitentiary) was inappropriate to meet his mental health needs.
The appellant argued that the Review Board was obligated to review placement as part of every disposition review, or alternatively, that the Review Board should have exercised its discretion to order a placement hearing on its own motion.
The Court of Appeal upheld the Review Board's interpretation that a significant change in circumstances is a prerequisite to scheduling a placement hearing on an offender's application, and found no error in the Review Board's refusal to schedule a hearing on its own motion.
