Dr. Kung

The appellant, who was previously found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board that ordered his continued detention at the Centre for Addiction and Mental Health.

The appellant argued that a conditional discharge allowing him to return to his independent apartment was the least onerous and least restrictive disposition.

The Court of Appeal dismissed the appeal, finding that the Board's decision was entitled to deference and reasonably concluded that the appellant required close 24-hour supervision due to his history of decompensation, violent behaviour, and substance abuse.

The appellant sought out-of-country funding for surgery to repair a medical condition, arguing that a delay in Ontario would cause irreversible tissue damage.

The Health Services Appeal and Review Board denied the request, and the appellant appealed to the Divisional Court.

The appellant argued the Board lost jurisdiction by reconstituting the hearing panel and ignored medical evidence regarding tissue damage.

The Divisional Court dismissed the appeal, finding no procedural unfairness in the panel reconstitution and concluding the Board's decision on the medical evidence was reasonable.