J. Dupré

The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for assault and indecent acts.

The accused, diagnosed with schizoaffective disorder, had made positive progress over the year, including medication optimization and abstinence from substances.

However, relying on uncontroverted expert psychiatric evidence, the Board found the accused continues to pose a significant threat to public safety due to residual symptoms and limited insight.

The Board ordered the continuation of the existing Detention Order at the hospital.

The accused was found not criminally responsible for uttering threats and assault against his former intimate partner.

At the initial disposition hearing, the Ontario Review Board considered whether the accused posed a significant threat to public safety.

Relying on psychiatric evidence of the accused's bipolar disorder, cannabis use, history of medication non-compliance, and poor insight, the Board concluded that a detention order was necessary.

The Board ordered detention with privileges for community living in approved accommodation, subject to conditions including abstaining from substances and having no contact with the victim.

The Ontario Review Board held a mandatory hearing for an accused found not criminally responsible for attempt murder and aggravated assault after pushing a person onto subway tracks.

The hospital and Crown supported a continued detention disposition, but disagreed on whether the accused should be permitted indirectly supervised access to the subway.

The Board found the accused continues to pose a significant threat to public safety due to schizophrenia and substance use disorder.

While acknowledging her progress, the Board rejected the hospital psychiatrist's recommendation for subway access, finding it premature and restricting her transit use to buses and street cars.

The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.

The accused, who was previously found not criminally responsible for various offences including assault and uttering threats, suffers from schizoaffective disorder and a mild intellectual disability.

The hospital presented evidence that while the accused had a positive year with fewer hospital admissions, he continues to struggle with treatment compliance and substance use.

The Board applied the Winko test and concluded that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the detention order as the least onerous and least restrictive disposition.