Dr. Deep Jaiswal

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for aggravated assault.

The accused, diagnosed with schizophrenia and cannabis use disorder, had shown some clinical progress but experienced recent instability and an absconding incident.

The Board accepted the joint position of the parties and the hospital's evidence that the accused remains a significant threat to public safety.

The Board ordered continued detention at the Centre for Addiction and Mental Health, with privileges up to and including residing in the community in supervised accommodation to ensure medication compliance.

The Ontario Review Board held an initial hearing to determine whether the accused, who suffered a stroke resulting in expressive aphasia, remained unfit to stand trial on charges of sexual assault and sexual interference.

The Board applied the recent Supreme Court of Canada decision in R. v. Bharwani to assess the accused's capacity to conduct a defence and instruct counsel.

Given the accused's inability to speak or write in English or Punjabi, and his functional illiteracy, the Board found he lacked the capacity to intelligibly communicate with counsel or the court regarding complex or nuanced decisions.

The Board concluded the accused remains unfit to stand trial and ordered his detention at the hospital with privileges to reside in approved community accommodation, subject to conditions including restricted contact with minors.

The Ontario Review Board held an initial disposition hearing for an accused found not criminally responsible for multiple offences, including assault with a weapon, due to schizophrenia.

The Board found that the accused remains a significant threat to public safety, noting his history of unprovoked aggression during periods of untreated psychosis and medication non-compliance.

Accepting the joint submission of the parties, the Board ordered that the accused be detained at the Centre for Addiction and Mental Health to ensure ongoing treatment and risk management.

The hospital requested a hearing under s. 672.81(2.1) of the Criminal Code to review a restriction of the accused's liberties after he was readmitted to the hospital from the community for a planned medication adjustment.

The accused, who was previously found not criminally responsible for assault, agreed to the admission to taper his clozapine dosage while his mental status was monitored.

The Review Board found that the restriction of liberty was significant but warranted, appropriate, and represented the least onerous and restrictive conditions for the accused.

The accused was found not criminally responsible for arson and related offences committed while experiencing auditory hallucinations.

At the initial disposition hearing, the Ontario Review Board found the accused to be a significant threat to public safety.

The Board ordered a detention order at the Centre for Addiction and Mental Health, with privileges to live in the community in approved housing, subject to conditions including abstention from alcohol and drugs.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault.

The accused, who suffers from schizophrenia and declining physical health, has been residing in community housing under a conditional discharge.

The Board accepted the joint position of the parties and the hospital's clinical team that the accused remains a significant threat to public safety.

The Board ordered that the accused remain subject to the existing conditional discharge, with the removal of the substance testing provision, as the least onerous and least restrictive disposition.