The Crown appealed a decision of the Ontario Review Board granting an absolute discharge to an accused found not criminally responsible.
The accused had twice attempted to grab a police officer's gun during suicidal episodes.
The Court of Appeal allowed the appeal, finding that the Board erred in law by placing an onus on the hospital to prove the accused posed a significant risk to the public.
The Court also held that the Board's conclusion that the accused did not pose a significant risk was unreasonable, speculative, and contrary to the uncontradicted expert psychiatric evidence regarding her impulsivity and lack of insight.
