Dr. Shariati

Appeal from an Ontario Review Board disposition continuing a detention order for a not criminally responsible accused who sought an absolute discharge.

The appellant argued that the Board’s reasons were insufficient, that its significant-threat finding was unreasonable, and that it misapprehended the treating psychiatrist’s evidence regarding medication compliance and substance abstinence.

The Court of Appeal held that, although the Board’s analysis was brief and imperfect, the reasons read as a whole and in light of the record adequately explained why the appellant remained a significant threat to the safety of the public.

The court found the risk assessment was grounded in evidence of poor insight, prior failed community placement, substance-use history connected to the index offence, and the very recent return to community living.

The appeal was dismissed.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault.

The accused requested permission to consume alcohol and cannabis, while the hospital and Crown sought a continuation of the detention order with a new provision for 7-day passes.

The Board found that the accused continues to pose a significant threat to public safety due to his limited insight into his schizophrenia and substance use issues.

The Board continued the detention order with the requested 7-day pass privileges and denied the accused's request to consume substances.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for various offences.

The accused was living in the community under a conditional discharge.

The hospital and the Attorney General recommended continuing the conditional discharge but removing the absolute prohibition on substance use to test the accused's internal motivation to abstain, as he approaches an absolute discharge.

The Board agreed, finding that while the accused remains a significant threat to public safety without forensic support, removing the abstention clause while maintaining testing was appropriate to measure his commitment to avoiding substances.

The conditional discharge was continued with the abstention clause removed.

The Ontario Review Board held a mandatory hearing to review the disposition of an accused found not criminally responsible for second-degree murder and other offences.

The accused's index offences were driven by a psychotic episode caused by undiagnosed multiple sclerosis.

The majority of the Board found that the accused's multiple sclerosis is now well-managed with medication, and the risk of a future psychotic episode is low.

Concluding that the accused no longer poses a significant threat to public safety, the Board granted an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for arson-related offences.

The accused, diagnosed with schizophrenia and a neurocognitive disorder, remained stable in a hospital setting but continued to experience symptoms and lacked insight.

The treatment team opined that she required a 24/7 supervised setting, such as a long-term care facility, but none was currently available.

The Board found that the accused continued to represent a significant threat to public safety and ordered the continuation of her detention disposition without change, while noting concerns about bureaucratic delays in securing a long-term care placement.

The Ontario Review Board conducted a hearing to review the restriction of liberty imposed on the accused, who had previously been found not criminally responsible for assault offences.

The accused was readmitted to the hospital after exhibiting bizarre and grandiose behaviour at his annual hearing and submitting an inappropriate letter, which indicated an increase in his risk to public safety.

The hospital initiated a change in his antipsychotic medication to Clozapine, which required close monitoring due to his specific medical conditions.

The Board concluded that both the initial and ongoing restrictions of liberty were necessary, appropriate, and the least restrictive interventions available to manage his risk and ensure his safety during the medication transition.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault with intent to resist arrest and assaulting a peace officer.

The accused is diagnosed with Schizophrenia and Cannabis Use Disorder.

The hospital and the Crown recommended continuing the current detention order, which the accused supported.

The Board found that the accused remains a significant threat to public safety due to ongoing psychotic symptoms, lack of insight into substance use, and the risk of deterioration without supervision.

The current detention order was continued with the same terms and conditions.

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

The accused, diagnosed with schizophrenia and cannabis use disorder, requested an absolute or conditional discharge.

The hospital and Attorney General recommended continuing the detention order.

The Board found that the accused continues to experience entrenched grandiose delusions, lacks insight into his illness, and relies on external controls to maintain medication adherence.

Concluding that the accused remains a significant threat to the safety of the public, the Board ordered the continuation of the detention order.