Dr. P.L. Darby

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

The accused, who has schizophrenia and an intellectual disability, had a stable year in the community with consistent medication compliance but exhibited profound negative symptoms and minimal insight into his illness.

The Board accepted the uncontroverted evidence of the hospital's representative that the accused continues to pose a significant threat to public safety, as he would likely become non-compliant with medication and decompensate without the Board's oversight.

The Board ordered that the accused's conditional discharge be maintained without changes.

The Ontario Review Board conducted an annual review and a Restriction of Liberty hearing for an accused found unfit to stand trial on a charge of sexual assault.

The hospital had restricted the accused's liberty by readmitting him to re-stabilize his medication after he decompensated in the community.

The Board found the restriction of liberty was necessary and appropriate.

Applying the test from R. v. Bharwani, the Board concluded the accused remains permanently unfit to stand trial due to severe schizophrenia and thought disorder.

The Board further found the accused continues to pose a significant threat to public safety and ordered the continuation of his Detention Order.

The Ontario Review Board held an initial disposition hearing for an accused found not criminally responsible for criminal harassment and failing to comply with a release order.

The accused had been transferred from Quebec.

The hospital and the Crown recommended a Conditional Discharge with conditions, including a prohibition on cannabis use and an obligation to provide samples, which the accused opposed.

The Board accepted the hospital's evidence that the accused remains a significant threat to public safety and that the substance prohibitions were necessary, granting the Conditional Discharge with the requested conditions.

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

The accused suffers from treatment-resistant schizophrenia and resides in a supervised community farm placement.

Based on a joint submission and uncontroverted expert psychiatric evidence, the Board found the accused continues to pose a significant threat to public safety due to chronic psychosis and limited insight.

The Board ordered the continuation of the existing Detention Order at the hospital with privileges for supervised community living.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for sexual assault and forcible confinement.

The accused sought a conditional discharge to reside with his parents, while the hospital and Crown sought a continuation of the detention order.

The Board accepted expert evidence that the accused remained a significant threat to public safety due to ongoing symptoms of schizophrenia, substance use risk, lack of insight, and recent aggressive behaviour in the hospital.

The Board ordered the continuation of the detention order, finding that a conditional discharge would not adequately manage the risk to the public.