Appeal from an Ontario Review Board disposition under Part XX.1 of the Criminal Code.
The appellant sought an absolute discharge or, alternatively, a conditional discharge, and also challenged the Board’s decision to proceed with a three-member panel after one scheduled member became ill.
The Court of Appeal held that the Board reasonably found the appellant continued to pose a significant threat to public safety in light of active symptoms, refusal to engage in assessment or treatment, and medication non-compliance.
The court further held that the panel satisfied the statutory quorum under s. 672.41(1) and properly exercised its discretion to proceed.
The appeal was dismissed.
