4 total
Treatment order granted for unfit accused where civil regime would cause prolonged delay.
The accused was found unfit to stand trial due to an untreated psychotic illness.
The Crown applied for a treatment order under s. 672.58 of the Criminal Code.
The defence argued that committal to the Ontario Review Board was the least onerous and least restrictive option.
The court accepted expert evidence that the accused lacked insight and would not cooperate with the civil treatment regime, which could result in prolonged delays.
The court concluded that a treatment order was the most timely and effective means of restoring the accused to a fit state and granted the application.
Detention order maintained for NCR accused; expanded travel privileges granted subject to strict hospital safeguards.
The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for arson.
The accused sought a conditional discharge or, alternatively, expanded travel privileges to visit family locally, attend a church trip in the US, and visit Ghana for six weeks.
The Hospital and Crown opposed a conditional discharge, arguing the accused's schizoaffective disorder causes rapid decompensation requiring hospital supervision.
The Board found the accused remains a significant threat to public safety and maintained the detention order.
However, the Board granted the requested travel privileges subject to strict safeguards, including the requirement that an approved person accompany her during travel.
Defendant found guilty of second-degree murder and attempted murder after mens rea proven beyond reasonable doubt.
The defendant was tried for the second-degree murder of his parents and the attempted murder of his brother.
In a bifurcated trial, the court previously found the actus reus proven.
Following a psychiatric assessment, the defence abandoned a claim of not criminally responsible.
The court found the Crown proved the requisite mens rea for all charges beyond a reasonable doubt.
The nature, number, and location of the stab wounds inflicted on the parents demonstrated an intent to cause bodily harm likely to cause death, while the planned ambush of the brother demonstrated a specific intent to kill.
Accused with schizophrenia remains unfit to stand trial and is ordered to remain detained at hospital.
The Ontario Review Board conducted an annual review for an accused previously found unfit to stand trial on weapons charges.
The accused, diagnosed with a schizophrenia spectrum disorder, remained detained at a general forensic unit.
The Board accepted the hospital's psychiatric evidence that the accused continued to experience symptoms, lacked insight, and posed a significant threat to public safety.
Applying the Bharwani test, the Board also found the accused remained unable to understand the nature, object, and consequences of the proceedings.
The Board ordered continued detention at the hospital.