Dr. A. Bunker

The accused was found not criminally responsible for aggravated assault after pushing a stranger onto subway tracks.

At the initial disposition hearing, the Ontario Review Board found that the accused remained a significant threat to public safety due to his severe psychotic illness, extensive substance use history, and poor insight.

Relying on uncontroverted expert evidence, the Board ordered the accused detained at a high-secure forensic hospital to manage his medication and minimize his access to substances.

The Ontario Review Board convened a hearing to review the hospital's decision to significantly restrict the liberty of an NCR patient by placing him in seclusion with physical restraints.

The patient, diagnosed with schizoaffective disorder, had violently assaulted staff when they attempted to administer prescribed injectable medication.

The Board found that the restriction of liberty was a serious deprivation but was necessary, appropriate, and the least onerous measure available given the extreme risk of violence to staff and the patient's ongoing psychosis.