Dr. S. Chatterjee

The Ontario Review Board conducted an annual review and an initial disposition hearing for an accused found not criminally responsible for aggravated assault and arson.

The accused, diagnosed with schizoaffective disorder and polysubstance use disorder, had made consistent progress in hospital, complying with treatment and abstaining from substances.

Relying on psychiatric evidence and a joint submission, the Board found the accused continued to pose a significant threat to public safety.

The Board ordered a detention order with the addition of community living in approved accommodation as the least onerous and least restrictive disposition.

The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found not criminally responsible for criminal harassment.

The treating psychiatrist provided uncontroverted expert evidence that the accused continues to pose a significant threat to public safety due to ongoing psychosis and a history of substance use, which are currently managed by medication and abstinence in a hospital setting.

The Board applied the Winko test and concluded that absent a detention disposition, the accused would likely decompensate and re-offend.

The Board ordered a renewal of the current detention disposition, noting that discharge planning is underway.