The respondent was found not criminally responsible on account of mental disorder for first degree murder.
At his first Ontario Review Board hearing, the board accepted a joint submission for detention in a medium security unit with escorted hospital grounds privileges, but added a condition permitting escorted or accompanied access to the community at the hospital's discretion.
The Crown appealed, arguing the community access condition was unreasonable and that the board breached procedural fairness by adding it without allowing prior submissions.
The Court of Appeal dismissed the appeal, finding the condition was supported by expert psychiatric evidence and that the board did not owe the Crown a common law duty of procedural fairness in these circumstances.
