The Ontario Review Board held an annual review hearing for an accused found unfit to stand trial on charges including criminal harassment and failure to comply with a release order.
The accused, who suffers from Major Vascular Neurocognitive Disorder following several strokes, continued to experience severe cognitive deficits, perseveration regarding his ex-wife, and aggressive behaviours.
The Board applied the Bharwani standard and found the accused remained unfit to stand trial, as he could not exercise a reality-based approach to his charges or communicate meaningfully with counsel, though he was not found "permanently unfit." Applying the Winko standard, the Board concluded the accused continued to pose a significant threat to public safety due to his lack of insight, exit-seeking behaviours, and need for intensive supervision.
The Board ordered the continuation of his detention disposition at the hospital, with privileges for supervised community accommodation.