Dr. Hudson

The appellant, who had been found not criminally responsible for violent offences, appealed a disposition of the Ontario Review Board requiring his continued detention at a mental health centre.

He argued the Board erred in rejecting an absolute or conditional discharge.

The Court of Appeal dismissed the appeal, finding the Board's decision reasonable given expert evidence that the appellant posed a high risk of violence, lacked insight, and was unwilling to follow conditions.

A detention order was found to be the least restrictive disposition.

The appellant appealed a disposition of the Ontario Review Board, arguing that the Board's finding that he remained a significant threat to public safety was unreasonable, and that it erred in refusing to transfer him to a less secure hospital.

The Court of Appeal dismissed the appeal, finding that the Board's conclusions were reasonable and supported by the evidence of the treating psychiatrist and the appellant's history of violence.

The refusal to transfer was also reasonable given the hospital risk assessment indicating the appellant required better symptom control before moving to a less secure environment.