Dr. Z. Waisman

The accused was convicted of manslaughter by a jury for his role as an aider and abettor in a shooting death.

The Crown sought a sentence of 6 to 8 years and a Long-Term Offender (LTO) designation.

The court found the Crown failed to prove beyond a reasonable doubt that the accused knew about the firearm prior to its use.

The court sentenced the accused to 4 years imprisonment, which was satisfied by pre-sentence custody, followed by 3 years of probation.

The LTO application was dismissed, as the court was not satisfied the accused posed a substantial risk to violently reoffend.

The respondent was found not criminally responsible for violent offences and detained at a mental health centre.

The Ontario Review Board subsequently granted him an absolute discharge, finding he no longer posed a significant risk to public safety.

The hospital appealed, arguing the decision was unreasonable and seeking to introduce fresh evidence of the respondent's post-discharge deterioration and medication non-compliance.

The Court of Appeal held the Board's initial decision was reasonable on the record before it, but admitted the fresh evidence, which undermined the factual foundation of the Board's disposition.

The appeal was allowed and the matter remitted to the Board for a rehearing.