The appellant, who was found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board.
At the Board hearing, the appellant's counsel did not contest the issue of significant risk.
On appeal, the appellant argued that the Board erred by failing to discharge its inquisitorial function and make an independent determination that the significant threat threshold had been met.
The Court of Appeal dismissed the appeal, finding that the Board was entitled to rely on counsel's acknowledgment, which was supported by the appellant's history and psychological assessments indicating a significant prospect of recidivism.
