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Board maintains High-Risk Accused designation and detention order for NCR accused with ongoing psychotic symptoms.
The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for manslaughter and designated a High-Risk Accused.
The Board accepted a joint submission that the accused continues to represent a significant threat to the safety of the public and ordered continued detention at the hospital.
Applying the test from Cousineau, the Board assessed whether there was a substantial likelihood the accused would use violence if discharged from the Board's jurisdiction.
Preferring the evidence of the independent psychiatric assessor over the treating psychiatrist, the Board found a substantial likelihood of violence remained due to the accused's ongoing psychotic symptoms, limited insight, and history of non-compliance.
The Board declined to refer the High-Risk Accused designation to the Superior Court for review.
No co-appearing lawyers found.
No judges found.