Dr. Ugwunze

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for attempted murder.

The accused has a diagnosis of schizophrenia and a history of severe decompensation when non-compliant with medication.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety due to his lack of insight and reliance on external supervision for medication adherence.

The Board ordered a Conditional Discharge with terms including residence at a specified address and regular reporting.

The Ontario Review Board held a mandatory hearing to review the conditional discharge of an accused found not criminally responsible for mischief.

The accused, diagnosed with schizophrenia, had been living in the community and complying with his medication regimen, largely due to external support from his parents and treatment team.

The Board accepted psychiatric evidence that the accused lacked insight into his illness and would likely stop taking his medication if granted an absolute discharge, which would rapidly increase his risk of reoffending.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered that the conditional discharge remain in place.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for sexual assault and assault.

The accused has schizophrenia and a substance use disorder.

The Board accepted the joint position of the parties and the uncontroverted psychiatric evidence that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the current Detention Disposition at the Centre for Addiction and Mental Health, finding it necessary and appropriate to manage the risk while meeting the accused's needs.

The appellant, found not criminally responsible on account of mental disorder (NCRMD) for attempted murder, appealed the Ontario Review Board's (ORB) decision to continue his conditional discharge, seeking an absolute discharge.

He argued the ORB's finding of a significant threat to public safety was unreasonable and presented fresh evidence of improved stability and a developed therapeutic relationship with his community psychiatrist.

The Court of Appeal dismissed the appeal, finding the ORB's original decision reasonable at the time it was made.

While admitting the fresh evidence, the majority declined to grant an absolute discharge, preferring that the ORB, as the expert body, make that determination at an already scheduled early review hearing.

A dissenting judge would have granted the absolute discharge based on the fresh evidence.

Matthew Bilodeau appealed a disposition of the Ontario Review Board that continued his conditional discharge but reduced his reporting obligation, seeking an absolute discharge.

He argued the Board's finding that he continued to pose a significant threat to public safety was unreasonable and speculative.

The Court of Appeal dismissed the appeal, finding the Board's conclusion reasonable and grounded in evidence, particularly concerning the severity of the index offence, the need for active monitoring due to his mental disorder, and the risks associated with medication non-compliance and the transition to a new therapeutic team.

The appellant appealed a disposition order of the Ontario Review Board requiring his continued detention at the Southwest Centre for Forensic Mental Health Care with permission to live in approved accommodation.

The appellant sought to quash the order and substitute a Conditional Discharge.

The Court of Appeal upheld the Board's disposition, finding no error in the Board's conclusion that the appellant posed a significant risk to public safety and that the detention disposition was the least onerous and restrictive option available.

The appeal was dismissed.