Dr. Lariviere

The accused was found not criminally responsible for first-degree murder after drowning her 10-month-old daughter while suffering from severe postpartum depression and bipolar disorder.

At her initial Ontario Review Board disposition hearing, all parties agreed she remained a significant threat to public safety.

The Board ordered her detained at the North Bay Regional Health Centre with a stepwise privilege plan, and directed her eventual transfer to the Southwest Centre for Forensic Mental Health Care to facilitate family support and community reintegration.

The appellant appealed the dismissal of his application for a declaration that the name 'Domestic Violence Court' violated his rights under sections 7, 12, and 15 of the Charter.

The Court of Appeal dismissed the appeal, agreeing with the application judge that the appellant failed to demonstrate serious state-imposed psychological harm, cruel and unusual treatment, or discrimination.

The court noted that such applications risk trivializing important Charter rights.