Dr. Hudson

The appellant, found not criminally responsible on account of mental disorder (NCR), appealed a disposition of the Ontario Review Board ordering his detention at Waypoint Centre for Mental Health Care, a high-secure facility.

The Board had recommended a transfer to a high-security facility in Quebec but rejected the appellant's request for an interim transfer to a medium-security facility in Ontario.

The Court of Appeal dismissed the appeal, finding the Board's decision reasonable given the appellant's history of elopement, violent behaviour, and refusal of medication, which posed a significant threat to public safety.

The court upheld the Board's acceptance of the psychiatrist's opinion that the appellant was not suitable for a medium-security transfer at that time, emphasizing public safety as the paramount consideration.

The appellant, found not criminally responsible for sexual assault, appealed the Ontario Review Board's disposition ordering his continued detention.

The primary issue was whether he should be transferred to a less secure facility.

The Court of Appeal found that the Board applied the correct legal standard of "least onerous and least restrictive" and that its decision, based on the assessment of expert evidence regarding the appellant's readiness for transfer, was reasonable.

The appeal was dismissed, affirming the continued detention.

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.