An appeal under Part XX.1 of the Criminal Code concerning the disposition of an individual found not criminally responsible on account of mental disorder.
The appellant challenged the Ontario Review Board's decision to maintain a detention order rather than grant a conditional discharge.
The appellant argued his risk could be managed safely in the community with a conditional discharge and resort to the Mental Health Act.
The Court of Appeal upheld the Board's decision, finding it was not unreasonable given the evidence of the appellant's lack of insight into his mental illness, continued cannabis use, limited protective effect of anti-psychotic medication, and risk factors including occasional violence.
