Dr. J. Ferencz

The Ontario Review Board held an early hearing to determine whether the accused, previously found unfit to stand trial on various charges including unlawful entry and assault, was now fit.

Based on a joint submission and expert psychiatric evidence indicating that the accused's schizophrenia had stabilized with treatment, the Board found that he could now make and communicate reality-based decisions and meaningfully participate in his trial.

The Board ordered the accused returned to Court for a determination of his fitness, while remaining subject to his current detention disposition.

The accused, who has a lengthy history of treatment-resistant schizophrenia, was previously found unfit to stand trial on several charges including unlawful entry and assault.

At a mandatory review hearing, the Ontario Review Board considered whether he had become fit.

Relying on the evidence of his attending psychiatrist, the Board found that while his condition had improved, he remained unfit due to severe thought disorganization and an inability to understand the adversarial nature of the proceedings.

The Board ordered his continued detention and directed his transfer to the Centre for Addiction and Mental Health (CAMH), finding it to be the least onerous and least restrictive disposition.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for various offences.

The accused sought an absolute discharge, arguing he no longer posed a significant threat to public safety.

The hospital and Crown sought a continued detention order with increased community privileges.

Applying the Winko framework, the Board found that the accused continues to pose a significant threat due to his diagnoses of schizophrenia and substance use disorder, and his vulnerability to decompensation without forensic supports.

The Board ordered a continuation of the detention disposition with added privileges for community passes.

The appellant, who was found not criminally responsible for the forcible seizure of a child and other offences, appealed a disposition of the Ontario Review Board ordering his detention at a secure forensic unit.

The appellant sought an absolute or conditional discharge, or a transfer to a different facility to access a larger gay community.

The Court of Appeal dismissed the appeal, finding the Board's conclusion that the appellant posed a significant risk to the public was reasonable and supported by expert evidence indicating he remained untreated and unstable.

The court also upheld the Board's refusal to transfer the appellant, noting the request was premature and lacked therapeutic justification.