F. McNestry

The Ontario Review Board held an early hearing regarding the accused, who was previously found unfit to stand trial on charges of sexual offences.

The hospital requested the hearing due to the accused's declining physical health from metastatic lung cancer, which caused a major neurocognitive disorder.

The Board found the accused permanently unfit to stand trial and concluded he does not pose a significant threat to public safety.

The Board recommended the Court hold an inquiry to determine whether a stay of proceedings should be ordered.

The accused, previously found not criminally responsible for attempted murder, appeared before the Ontario Review Board for a mandatory review of his disposition.

The hospital and all parties recommended an absolute discharge.

The Board accepted the evidence of the treating psychiatrist that the accused's schizophrenia is stable, his substance use disorder is in full remission, and he has excellent insight and community support.

Applying the Winko test, the Board concluded the accused no longer poses a significant threat to public safety and ordered an absolute discharge.

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

The accused, diagnosed with schizophrenia, had been living independently in the community and was compliant with his medication.

The majority of the Board found that the accused continues to represent a significant threat to the safety of the public and ordered a conditional discharge, noting that he is early in his forensic care and needs to be tested in the community.

A dissenting minority would have granted an absolute discharge, finding no evidence of a significant threat.