The appellant appealed a disposition order of the Ontario Review Board denying a transfer from a maximum secure facility to a medium secure facility.
The appellant argued the Board erred by refusing to receive an expert report from a forensic psychologist due to late filing, which was caused by legal aid funding delays.
The Court of Appeal allowed the appeal, finding that the Board's refusal prevented it from conducting the mandatory inquiry under s. 672.54 of the Criminal Code, as the report was essential to assessing the appellant's risk and determining the least onerous disposition.
