3 total
Accused's request for absolute discharge denied; detention order continued due to ongoing significant threat to public safety.
The Ontario Review Board conducted an annual review of the accused's disposition.
The accused, who was previously found not criminally responsible for failing to comply with a recognizance, requested an absolute discharge.
The hospital and the Attorney General opposed the request, arguing that the accused continues to pose a significant threat to public safety due to his schizophrenia and history of medication non-compliance.
The Board accepted the psychiatric evidence that the accused's current stability relies on the structured hospital environment and that he would likely stop taking his medication if discharged.
The Board concluded that the accused remains a significant threat to public safety and ordered the continuation of his detention order without amendment.
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.
Detention order continued for NCR accused; amended to permit transfer to non-forensic hospital unit.
The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for assault with a weapon.
The accused, diagnosed with schizophrenia and antisocial personality disorder, had a history of violent outbursts and was currently detained at a secure forensic unit.
The Board accepted the hospital's evidence that the accused remained a significant threat to public safety due to his mental illness, limited insight, and physical decline.
The Board ordered the continuation of the detention order but amended it to allow the hospital to transfer the accused to a non-forensic unit as a first step toward community reintegration.
No co-appearing lawyers found.
No judges found.