The appellant appealed an Ontario Review Board disposition granting the respondent an absolute discharge.
The respondent had been found not guilty of second-degree murder by reason of insanity in 1983.
The Board concluded the respondent posed a minimal risk to the public, relying partly on his attending psychiatrist's belief that he would continue his relationship with the hospital.
On appeal, the appellant sought to introduce fresh evidence showing that the respondent severed his relationship with the psychiatrist following the absolute discharge.
The Court of Appeal admitted the fresh evidence, finding it undermined a central premise of the Board's reasoning, and ordered a new hearing.
