The appellant, who was previously found not criminally responsible (NCR) for offences committed in 2000 and 2007, appealed a disposition of the Ontario Review Board that continued his conditional discharge and reinstated a condition prohibiting cannabis use.
The Court of Appeal found the Board's decision unreasonable because it failed to conduct an even-handed analysis of the evidence, pathologized trivial conduct, and ignored significant evidence of the appellant's progress, medication compliance, and abstinence from other illicit drugs.
The appeal was allowed and an absolute discharge was ordered.
