Dr. E. Leinonen

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

The accused, who has schizophrenia and substance use disorders, had several notable incidents of substance use and unauthorized absences in the past year.

Relying on uncontroverted expert psychiatric evidence, the Board found the accused continues to represent a significant threat to public safety.

The Board ordered the continuation of a Detention Order but amended the privileges to allow the accused to live in accommodation approved by the person in charge, rather than strictly supervised accommodation, to encourage gradual reintegration.

The Ontario Review Board held an annual review hearing for an accused previously found unfit to stand trial on charges of sexual assault and forcible confinement.

The accused suffers from schizophrenia and major neurocognitive disorder, presenting with severe cognitive impairment and intermittent aggression.

Applying the test from R. v. Bharwani, the Board found the accused remains unfit to stand trial as he cannot understand the proceedings or communicate with counsel.

Based on uncontroverted medical evidence, the Board concluded the accused is permanently unfit and remains a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order at the secure forensic unit.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for various offences including arson and assault with a weapon.

The accused had been detained at a secure forensic unit and was diagnosed with bipolar disorder, alcohol use disorder, and social anxiety disorder.

The hospital team reported that the accused had a positive year with no aggressive behaviours, full compliance with medication, and negative drug screens.

The Board found that the accused continues to pose a significant threat to public safety but concluded that a conditional discharge was the least onerous and least restrictive disposition, adopting the joint recommendation of the parties.

The Ontario Review Board held an initial disposition hearing for an accused found unfit to stand trial on charges of committing indecent acts.

The assessing psychiatrist testified that the accused had become fit following medication optimization.

However, the Board rejected this opinion, finding the assessment inadequate and noting defense counsel's inability to meaningfully communicate with the accused.

The Board concluded the accused remained unfit to stand trial and ordered a Detention Order at the hospital, with privileges to live in the community to facilitate housing waitlists.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for assault.

The Board accepted expert evidence that the accused remains a significant threat to public safety due to schizophrenia and a substance use disorder.

The Board ordered the continuation of a Detention Disposition as the least onerous and least restrictive option, but granted the accused's unopposed motion to transfer to St. Joseph's Healthcare in Hamilton to assist with his rehabilitation.

The Ontario Review Board held a hearing to review the hospital's decision to restrict the liberty of an NCR patient for a period exceeding seven days.

The patient, who had been living in the community, was readmitted to the secure forensic unit after decompensating due to non-adherence to his antipsychotic medication.

The Board found that the restriction of liberty was warranted for public safety and was the least onerous and least restrictive measure in the circumstances.

The accused was found not criminally responsible for arson causing damage to property and was remitted to the Ontario Review Board for an initial disposition hearing.

The Board found that the accused, who has schizophrenia and a history of substance use, continues to pose a significant threat to public safety due to his lack of insight and risk of psychotic decompensation.

The Board ordered a Detention Disposition with discretionary privileges allowing the accused to live in the community with his parents, subject to conditions including a prohibition on possessing explosive or incendiary substances, but declined to impose a driving prohibition.