Dr. Iosef

The appellant appealed the Ontario Review Board's disposition maintaining a detention order.

The appellant argued the Board erred in concluding she continued to pose a significant threat to public safety and that detention remained the least restrictive measure.

The Court of Appeal upheld the Board's decision, finding the expert evidence established the appellant suffered from schizophrenia with persistent delusional beliefs related to the index offense (assault of her mother), lacked insight into her condition, and would discontinue treatment if discharged.

Although the appellant had been placed in supervised community accommodation since the appeal was filed, the court found this did not undermine the Board's conclusion that conditional discharge would be inadequate to manage the risk.

The detention order was necessary to enable the hospital to approve and supervise the appellant's community placement.

The appellant, found NCR in 2007, appealed an Ontario Review Board order transferring him from a general forensic unit to a secure forensic unit.

The hospital recommended the transfer because the appellant's repeated breaches of the anti-smoking policy and drug use resulted in the suspension of his indirectly supervised passes, making his detention on the general unit more restrictive due to staffing limitations.

The secure unit offered better access to necessary substance abuse programming.

The Court of Appeal dismissed the appeal, finding the Board's disposition reasonable as it would enhance the appellant's rehabilitation and reintegration into society.