Dr. Walton

The appellant, found not criminally responsible, appealed a decision of the Ontario Review Board (ORB) to continue his detention at the Centre for Addiction and Mental Health (CAMH), rejecting a joint submission for transfer to Waypoint Centre for Mental Health.

The appellant argued the ORB breached procedural fairness by not giving express notice of its intent to reject the joint submission and that its decision was unreasonable.

The Court of Appeal found that the ORB's "significantly probing" questions during the hearing provided sufficient implicit notice and that its decision to reject the transfer was reasonable, as the evidence did not support the claimed benefits of transfer or a treatment impasse at CAMH.

The appeal was dismissed.

An appeal from a December 14, 2016 Ontario Review Board disposition ordering the detention of a not criminally responsible accused at the General Forensic Unit of the Centre for Addiction and Mental Health.

The appellant, diagnosed with bipolar disorder and substance-use disorder, had committed index offences in 2004 involving robbery and theft.

The Board found the appellant posed a significant threat to public safety due to continued substance abuse and manic symptoms.

The Court of Appeal admitted fresh evidence of post-decision disruptive conduct and upheld the detention order, finding the Board reasonably applied the "significant threat" standard and selected the least restrictive disposition appropriate in the circumstances.

The appellant, previously found not criminally responsible for setting a bus on fire, appealed an Ontario Review Board disposition imposing a detention order with community living.

He argued that a conditional discharge was the least onerous and least restrictive disposition.

The Court of Appeal dismissed the appeal, finding that the Board reasonably concluded the appellant continued to pose a significant threat to public safety due to his schizophrenia and substance use disorder, and that a detention order was necessary to manage his risk.