Dr. P. Ismail

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for aggravated assault.

The accused had remained abstinent from substances but urine screens indicated non-compliance with his antipsychotic medication for several months.

The Board accepted the attending psychiatrist's evidence that the accused's mental stability is contingent on medication compliance and that decompensation would increase his risk of violence, particularly because he resides with the victim of the index offence.

The Board concluded the accused remains a significant threat to public safety and ordered the continuation of his Conditional Discharge without change.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder.

The accused, diagnosed with treatment-resistant schizophrenia, had a history of severe psychotic decompensation, unpredictable violence, and treatment noncompliance.

Although the accused showed recent improvements following adjustments to his medication and electroconvulsive therapy, the Board accepted the attending psychiatrist's evidence that the stability was recent and achieved under maximal containment conditions.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered the continuation of the existing Detention Order at the high secure forensic program.

The accused was found not criminally responsible for dangerous driving causing death following a single psychotic episode.

At her annual Review Board hearing, the hospital and her counsel sought an absolute discharge, while the Attorney General sought a conditional discharge.

The Board excused the accused during the reading of Victim Impact Statements to protect her mental health.

Relying on psychiatric evidence that the accused no longer had an active psychiatric diagnosis, had been stable off antipsychotic medication for over two years, and had developed strong insight and community supports, the Board concluded she no longer posed a significant threat to public safety.

An absolute discharge was granted.

The Ontario Review Board held a hearing to review the disposition of the accused, who was previously found unfit to stand trial on charges of sexual assault and assault.

The accused suffers from schizophrenia, intellectual disability, and a traumatic brain injury.

Applying the test from R. v. Bharwani, the Board found the accused remains permanently unfit to stand trial as he lacks a basic, reality-based understanding of the proceedings.

Given his ongoing psychotic symptoms, cognitive deficits, and risk of sudden behavioural escalation, the Board concluded he presents a significant threat to public safety and ordered his continued detention at a high-secure forensic hospital.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for mischief and other offences.

The accused, diagnosed with schizophrenia, had been living in a group home and demonstrated clinical stability over the review period.

All parties made a joint submission for a conditional discharge.

The Board found that while the accused continues to pose a significant threat to public safety, the risk is manageable in the community.

The Board ordered a conditional discharge with specified conditions.

The Ontario Review Board held a hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for assault with a weapon and assaulting police officers.

The Hospital and the Attorney General argued that the accused continues to pose a significant threat to public safety and requires ongoing monitoring, while the accused sought an absolute discharge.

The Board found that the accused's history of non-compliance with medication, lack of engagement with recommended therapies, and the severity of the index offences indicate a continuing significant threat.

The Board ordered a continuation of the conditional discharge with increased travel privileges.

The Ontario Review Board held an annual review hearing for an accused found unfit to stand trial on a charge of second degree murder.

The accused suffers from schizophrenia and autism spectrum disorder.

The Board found that the accused remains unfit to stand trial and continues to pose a significant threat to public safety.

However, as the accused's symptoms are currently managed with long-acting injectable medication and he has not exhibited aggressive behaviour, the Board ordered his transfer from a high-security forensic hospital to a less secure forensic facility, representing the least onerous and least restrictive disposition.

The Ontario Review Board conducted an annual review for an accused found unfit to stand trial on charges of sexual assault and sexual interference.

The accused, who has Down syndrome and an intellectual disability, is experiencing progressive cognitive decline.

Based on expert psychiatric evidence, the Board found that the accused remains unfit to stand trial and continues to pose a significant threat to public safety due to his cognitive limitations, impulsivity, and lack of insight.

The Board ordered a continuation of his conditional discharge with an amended residency condition to allow for 24-hour supervised accommodation in a broader catchment area, and maintained a 12-month review period to closely monitor his cognitive decline.

The Ontario Review Board held a mandatory annual review of the accused's disposition under s. 672.81(1) of the Criminal Code.

The accused, previously found not criminally responsible for assault, is currently detained at a high secure provincial forensic program.

The Board found that the accused continues to pose a significant threat to public safety due to active psychotic symptoms, treatment resistance, and a history of violence.

The Board concluded that an absolute or conditional discharge, or transfer to a less secure setting, was inappropriate, and ordered that the current detention disposition remain in place.

The hospital requested an early Ontario Review Board hearing for an accused found not criminally responsible for assault causing bodily harm, due to his escalating substance use and suspected medication non-compliance while living in the community.

The accused, who has schizophrenia and multiple substance use disorders, agreed with the hospital and the Attorney General that he remained a significant threat to public safety.

Relying on uncontroverted expert evidence that the accused's risk of violence increases with substance use and that the Mental Health Act is insufficient to manage this risk, the Board accepted the joint submission.

The Board revoked the conditional discharge and imposed a detention order with an abstinence clause to ensure continuous monitoring and timely intervention.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused, who has severe autism and intellectual disabilities, was previously found unfit to stand trial on a charge of aggravated sexual assault.

The Board found that the accused remains unfit to stand trial and continues to pose a significant threat to public safety due to his lack of insight and problematic behaviours.

The Board ordered that the accused remain subject to a detention order at the hospital but added terms requiring his release to appropriate government-funded community housing in a timely fashion, with a pre-hearing conference scheduled within six months to monitor progress.

The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for weapons and threat offences.

The primary issue was whether the accused should be transferred to another institution under Rule 13.

Based on evidence of the accused's cognitive improvements and medication compliance, and with the agreement of all parties, the Board ordered a transfer to St. Joseph's Healthcare Hamilton while maintaining the current disposition.

The Ontario Review Board held an annual review for an accused previously found unfit to stand trial on charges including uttering threats and assaulting a peace officer.

The accused suffers from schizophrenia and autism spectrum disorder.

Based on the psychiatric evidence, the Board concluded that the accused remains unfit to stand trial, is likely permanently unfit, and continues to pose a significant risk to public safety.

The current Disposition and its terms were maintained.

The appellant, found not criminally responsible (NCR) in 2007, appealed a decision by the Ontario Review Board (ORB) that continued his conditional discharge rather than granting an absolute discharge.

The appellant argued that the ORB's finding of a significant threat to public safety was unreasonable and that the Board misapplied the significant threat test by reversing the burden of proof.

The Court of Appeal dismissed the appeal, finding that the ORB's decision was reasonable, supported by psychiatric evidence of the appellant's ongoing symptoms and risk of re-offence, and that the Board correctly applied the "significant threat" test under the Criminal Code without reversing the burden of proof.