The appellant, who was found not criminally responsible for sexual assault and attempt to choke, appealed a disposition of the Ontario Review Board ordering a conditional discharge.
The appellant sought an absolute discharge, arguing the Board's finding that he remained a significant risk to public safety was unreasonable and overly focused on potential medication non-compliance.
The Court of Appeal dismissed the appeal, holding that the Board reasonably relied on expert psychiatric evidence indicating the appellant would likely discontinue treatment if absolutely discharged, which would increase his risk of violent behaviour.
