Dr. Robert McMaster

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

The accused, who has schizophrenia, had been living independently in the community under a conditional discharge.

The clinical team reported that he remained stable, compliant with his medication, and had not engaged in any violence.

The Board found that the accused continues to pose a significant threat to public safety but agreed with the joint submission to continue the conditional discharge with loosened conditions, including the removal of the absolute abstinence and weapons prohibition conditions.

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for four counts of attempted murder and assault.

The accused's diagnoses include schizophrenia and cannabis use disorder.

The Board accepted the hospital's evidence that the accused continues to pose a significant threat to public safety due to ongoing psychotic symptoms and the risk of substance use relapse.

The Board ordered the continuation of the existing Detention Disposition with community living privileges.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for multiple violent offences.

The hospital and the Attorney General sought a continuation of the Detention Order, while the accused sought an Absolute Discharge.

Relying on the unanimous expert evidence of the clinical teams, the Board found that the accused remains a significant threat to public safety and requires the structure of a Detention Order to ensure treatment compliance and housing approval.

The Detention Order was continued.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for violent offences due to schizophrenia.

The accused had a positive reporting year, transitioning well to community housing and remaining compliant with his medication.

The Board accepted the joint position of the parties and the clinical team that the accused remains a significant threat to public safety.

The Board ordered a conditional discharge with conditions, including a transfer to the jurisdiction of the Quebec Review Board to allow the accused to be closer to his family.

Edward Raymond Gibbins pleaded guilty to uttering threats, confining individuals, careless use of a firearm, and discharging a firearm with recklessness.

The incident involved him confronting victims with a shotgun over a property dispute, threatening them, and firing the weapon.

The Crown sought a four-year custodial sentence, while the Defence proposed a conditional sentence.

The court considered the gravity of the offences, the accused's moral culpability (including alcohol influence and lack of prior record), and mitigating/aggravating factors.

The judge emphasized denunciation and deterrence for firearm offences, ultimately imposing a custodial sentence.

The parties separated after a 23-year marriage and engaged in a high-conflict custody dispute over their two children, one of whom has severe special needs.

The applicant mother sought joint custody and an equal time-sharing schedule, while the respondent father sought sole decision-making authority and primary residence for the special needs child during the school week.

The court found that the mother was unable to co-parent effectively, communicate with professionals, or prioritize the children's needs over her animosity toward the father.

The court granted sole decision-making authority to the father, ordered primary residence with the father for the special needs child during the school week to ensure consistency, and ordered an equal time-sharing schedule for the younger child.

The father's request to wind up a family trust was dismissed without prejudice due to procedural issues.

The offender was convicted of possession of fentanyl for the purpose of trafficking after 6.79 grams of a fentanyl/heroin mix was found on his person.

The Crown sought a sentence of 4.5 years, while the defence sought time served of 3.5 years.

The court considered the offender's difficult background, schizophrenia, and status as an addict trafficker, alongside the highly dangerous nature of fentanyl.

The court imposed a sentence of 3.5 years (credited as time served) followed by 2 years of probation with strict conditions to address his mental health and addiction issues.

The Crown applied to have the offender designated as a dangerous offender and sentenced to an indeterminate term following his guilty plea to aggravated assault for an unprovoked stabbing of a stranger.

The court considered extensive psychiatric evidence and a Gladue report detailing the offender's traumatic childhood, substance abuse, and mental health issues.

The court found that while the offender posed a high risk of violent re-offending, the Crown failed to prove beyond a reasonable doubt that his violent conduct was intractable, noting his recent improvements and the impact of Gladue factors.

The court dismissed the dangerous offender application, designated the offender as a long term offender, and sentenced him to 7.5 years in prison followed by a 10-year Long Term Supervision Order.