12 total
Appeal from Review Board detention order dismissed; finding of significant threat to public safety was reasonable.
The appellant, who was previously found not criminally responsible for arson, appealed a disposition order of the Ontario Review Board continuing his detention at a psychiatric hospital.
The Board found that the appellant remained a significant threat to public safety due to his schizophrenia, ongoing substance abuse, and history of relapses leading to acute psychosis and violence.
The Court of Appeal dismissed the appeal, holding that the Board's decision was reasonable, internally coherent, and well-supported by the psychiatric evidence.
Conditional discharge continued for NCR accused who remains a significant threat but is stable in community.
The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for possession of a weapon for a dangerous purpose and failing to comply with a probation order.
The accused, diagnosed with schizophrenia and substance use disorder, had made significant progress while living in a supervised community residence under a Conditional Discharge.
Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety that can be managed in the community.
The Board ordered the continuation of the Conditional Discharge with the same terms, supporting a gradual transition to the civil mental health system.
Absolute discharge granted to NCR appellant; Board's finding of significant threat was unsupported by evidence.
The appellant, who was found not criminally responsible for index offences in 2004, appealed a conditional discharge disposition by the Ontario Review Board.
The Board had concluded he remained a significant threat to public safety due to his historical substance abuse and lack of a formal community treatment plan.
The Court of Appeal allowed the appeal, finding the Board's conclusion unreasonable given the appellant's years of stability, sobriety, medication adherence, and independent living.
The Court ordered an absolute discharge, emphasizing that the threshold for significant threat is onerous and cannot be based on speculative risks or what is merely in the appellant's best medical interests.
Annual review confirms accused remains a significant threat; detention order continued.
The Ontario Review Board conducted an annual review of the accused's disposition.
The accused was previously found not criminally responsible for uttering threats and criminal harassment.
The Board found that the accused continues to represent a significant threat to the safety of the public due to schizophrenia and substance use disorder.
The Board ordered the continuation of the current detention order, noting that while the accused has made progress, he requires close monitoring and supervision to manage his risk.
Accused found to remain a significant threat to public safety; detention order and cannabis prohibition maintained.
The accused, previously found not criminally responsible for break and enter with intent, underwent an annual Review Board hearing.
The hospital and Attorney General recommended maintaining his detention at St. Joseph's Healthcare Hamilton with slight amendments to community privileges, while retaining a prohibition on substance use.
The accused requested the removal of the cannabis prohibition.
The Board found that the accused remains a significant threat to public safety due to his schizoaffective disorder, cannabis use disorder, and lack of insight.
The Board ordered his continued detention with the agreed-upon privilege amendments, concluding that removing the cannabis prohibition would be premature and increase his risk of relapse and violence.
Review Board continues detention order for NCR accused, finding he remains a significant threat to public safety.
The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for first-degree murder.
The accused, diagnosed with schizophrenia, sought a conditional discharge, while the hospital and Attorney General recommended continuing his detention order.
The Board accepted the attending psychiatrist's evidence that the accused remains a significant threat to public safety and requires the structure, supervision, and medication management provided under a detention order.
The Board concluded that a detention order remains the necessary and appropriate disposition and denied the request for a conditional discharge.
Detention order continued for NCR accused who remains a significant threat to public safety.
The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for aggravated assault.
The accused, diagnosed with schizophrenia, had been living in a supervised community residence and remained medication compliant.
The Board accepted the joint recommendation of the parties, finding that the accused remained a significant threat to public safety due to his history of severe violence while experiencing command hallucinations and prior medication non-compliance.
The Board ordered the continuation of the current detention order to ensure close monitoring and medication administration.
Detention order continued for NCR accused with expanded community pass privileges to Southern Ontario.
The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found not criminally responsible for assault with a weapon.
The accused, diagnosed with schizophrenia and a substance use disorder, had shown clinical stability and improved insight following a medication change.
The Board found that the accused remains a significant threat to public safety and ordered the continuation of the detention order, but expanded his community pass privileges to Southern Ontario as recommended by the hospital.
Conditional discharge continued with modified residence condition for NCR accused with schizophrenia.
The Ontario Review Board held an annual hearing to review the conditional discharge of the accused, who was found not criminally responsible for assault causing bodily harm.
The accused, diagnosed with schizophrenia, had been living in the community but continued to experience breakthrough symptoms and required assistance with social boundaries.
The treating psychiatrist recommended continuing the conditional discharge but removing the specific residence requirement to allow the accused to move to a residential care facility.
The Board found that the accused remained a significant threat to public safety due to his limited insight and risk of relapse if unsupervised, and ordered the continuation of the conditional discharge with the requested modification.
Conditional discharge continued for NCR accused with amended abstinence clause excluding alcohol.
The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for numerous offences including dangerous operation of a motor vehicle and assault with a weapon.
The accused suffers from Bipolar Disorder and Cannabis Abuse Disorder.
The Board found that the accused continues to represent a significant threat to the safety of the public due to his propensity for rapid decompensation when non-adherent to treatment or exposed to destabilizers.
The Board ordered the continuation of the accused's conditional discharge, adding an abstinence clause that prohibits drugs and intoxicants but excludes alcohol, as the accused had demonstrated responsible alcohol use.
The Court of Appeal upheld the Ontario Review Board's decision to continue the appellant's psychiatric detention.
The appellant appealed the Ontario Review Board's disposition finding him to constitute a significant threat to public safety and ordering his continued detention at a forensic psychiatric hospital.
The appellant sought an absolute discharge.
The Court of Appeal upheld the Board's decision, finding it reasonable based on the appellant's mental health condition (Bipolar Affective Disorder with psychotic symptoms), history of violent offences involving weapons, documented noncompliance with medication, substance abuse issues, and concerning conduct while detained including the discovery of "to do" lists containing weapons.
The court rejected arguments that a conditional discharge should have been considered, noting the appellant had only recently begun substance abuse programming.
The Court of Appeal granted an absolute discharge, finding the Review Board's risk assessment speculative and unreasonable.
The appellant, an NCR accused with schizoaffective disorder and polysubstance use disorder in remission, appealed the Ontario Review Board's decision to order a conditional discharge rather than an absolute discharge.
The Board had imposed a requirement that the appellant demonstrate a 12-month drug-free period before obtaining absolute discharge, citing substance abuse as the critical risk factor.
The Court of Appeal found the Board had misdirected itself by shifting the burden of proof to the appellant and by relying on speculative evidence of risk rather than evidence demonstrating a significant threat to public safety.
The court allowed the appeal and ordered an absolute discharge.