The appellant hospital appealed a decision of the Ontario Review Board granting an absolute discharge to an individual found not criminally responsible for first degree murder.
The Board had previously adjourned the hearing to obtain an independent psychiatric assessment regarding the individual's past criminal involvement.
Despite the assessment failing to resolve these concerns, the Board's majority granted the absolute discharge.
The Court of Appeal allowed the appeal, finding the Board's decision unreasonable due to an unexplained gap in its reasoning regarding the relevance of the past criminal conduct and its failure to address inadequacies in the proposed treatment plan for monitoring medication compliance.
