The appellant, who was found not criminally responsible by reason of mental disorder and detained in a mental health facility, sought an absolute discharge and treatment orders as remedies under s. 24(1) of the Charter.
The Supreme Court of Canada established a new approach for determining whether an administrative tribunal is a court of competent jurisdiction under s. 24(1).
The Court held that the Ontario Review Board has the jurisdiction to grant Charter remedies because it has the authority to decide questions of law.
However, the Court dismissed the appeal, finding that the specific remedies sought by the appellant—an absolute discharge for a dangerous patient and a treatment order—were expressly precluded by the Board's statutory scheme under the Criminal Code.
