The appellant was found not criminally responsible for assault with a weapon and was detained at a secure forensic unit.
The Ontario Review Board granted a conditional discharge, concluding the appellant remained a significant threat to public safety despite the hospital's recommendation for an absolute discharge.
The appellant appealed.
The Court of Appeal allowed the appeal, finding the Board's decision unreasonable as the evidence did not support a finding of significant risk to the public.
An absolute discharge was substituted.
