Dr. P. Schubert

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for criminal harassment.

The accused, who has mild intellectual disability and bipolar disorder, experienced a lengthy hospitalization during the reporting year due to medication non-adherence and manic episodes involving aggressive behaviour.

The Board accepted the joint submission of the parties and the expert evidence of the hospital representative, finding that the accused continues to pose a significant threat to public safety.

A continuation of the current Detention Order Disposition was deemed necessary and appropriate.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused, previously found not criminally responsible for abduction, had been subject to a conditional discharge.

The hospital and the accused sought an absolute discharge, arguing she no longer posed a significant threat to public safety.

The Crown opposed.

A majority of the Board found that the accused remained a significant threat due to her history of violence, antisocial personality disorder, and ongoing use of synthetic cannabinoids.

The Board ordered the continuation of the conditional discharge with reduced reporting requirements.

Two members dissented, finding the accused was entitled to an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assaulting a peace officer and uttering threats.

The accused, diagnosed with schizophrenia, sought an absolute discharge.

The hospital and the Crown argued that the accused remained a significant threat to public safety due to partial medication non-compliance and lack of insight into his illness.

The Board accepted the psychiatric evidence and the testimony of the accused's aunt, finding that the accused poses a real risk of serious harm if no longer subject to an ORB disposition.

The Board ordered the continuation of the existing conditional discharge.

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

The accused, diagnosed with Schizoaffective Disorder, had been living in the community but was re-hospitalized after breaching residence rules and exhibiting disruptive, delusional behaviour.

Relying on expert psychiatric evidence, the Board found the accused remained a significant threat to public safety due to poor insight, medication non-compliance, and cannabis use.

The Board ordered the continuation of the Detention Disposition and found the hospital's restriction of the accused's liberty was warranted and the least restrictive decision available.

The Ontario Review Board held a mandatory hearing under s. 672.81(2.1) of the Criminal Code to review the Hospital's restriction of the accused's liberties.

The accused, who was previously living in the community, was admitted to the forensic inpatient unit after experiencing rapid decompensation, manic symptoms, and medication noncompliance.

All parties agreed that the restriction was justified.

The Board found that the restriction of liberties was justified, necessary, and represented the least onerous and least restrictive option available to the Hospital.

The Ontario Review Board conducted a mandatory review of the disposition for an accused found not criminally responsible for mischief, animal cruelty, and break and enter.

The accused, diagnosed with schizophrenia, had been detained at a secure forensic unit but was living in the community.

Following a voluntary hospital admission to transition to Clozapine, his mental health and insight significantly improved.

The Board found that while the accused continues to pose a significant threat to public safety, he can be safely managed in the community.

A conditional discharge was ordered.