The appellant, a 54-year-old man with schizophrenia and a history of violence and harassment, appealed the Ontario Review Board's decision to order his continued detention at a forensic psychiatric facility rather than grant a conditional discharge.
The appellant had been found not criminally responsible in 2008 and lived in the community until December 2015, when he decompensated after stopping his antipsychotic medication.
The Board found he posed a significant threat to public safety due to his lack of insight into his mental illness, likelihood of discontinuing medication if discharged, and history of assaultive behavior.
The Court of Appeal upheld the detention order, finding it was the least onerous and least restrictive alternative available.