The appellant, found not criminally responsible (NCR) for various offences, appealed a detention order issued by the Ontario Review Board.
The appellant argued the Board erred by failing to consider his significant progress in hospital, the impact of the COVID-19 pandemic, the hospital's prior non-compliance with a restriction of liberty (ROL) order, and an alleged outdated understanding of the Mental Health Act's committal provisions by the treating psychiatrist.
The Court of Appeal dismissed the appeal, finding that the Board properly considered the appellant's progress and the pandemic's effects, appropriately reprimanded the hospital for its past non-compliance, and was entitled to rely on the psychiatrist's evidence given the record.
The court emphasized the Board's paramount consideration of public safety and the need for a complete record on Mental Health Act committal provisions in future disputes.
