Janice Blackburn

The appellant was found not criminally responsible on account of mental disorder and appealed a hybrid detention disposition made by the Ontario Review Board.

The appellant argued that the Board erred in finding he posed a significant risk to public safety and in failing to grant an absolute or conditional discharge.

The Court of Appeal dismissed the appeal, holding that the Board's finding of significant risk was supported by the evidence, including the unanimous opinion of the treatment team.

The Court also rejected the appellant's procedural fairness arguments regarding the late delivery of a hospital report and alleged bias.

The appellant appealed a disposition of the Ontario Review Board transferring him from Ontario Shores to Waypoint.

The appellant conceded he represented a significant threat to public safety and required a custodial order.

The Court of Appeal dismissed the appeal, finding the Board's decision to transfer the appellant was reasonable, based on the correct legal test, and entitled to deference.

The appellant appealed a disposition of the Ontario Review Board that revoked his transfer to a less secure hospital and maintained him at a secure facility.

The Board's decision was based on the appellant's surprise attack on a co-patient, which changed his risk profile.

The Court of Appeal dismissed the appeal, finding that the Board's conclusion reasonably supported the revocation and that maintaining the appellant at the secure facility was the least onerous and restrictive disposition.

The appellant appealed a Disposition Order of the Ontario Review Board that granted him a conditional discharge, arguing he should have received an absolute discharge.

The appellant contended the Board erred in finding he represented a significant threat to public safety.

The Court of Appeal dismissed the appeal, finding no basis to interfere with the Board's unanimous decision, which relied on evidence that the appellant would pose a significant risk without the control of a conditional discharge.

The appellant appealed a disposition of the Ontario Review Board, seeking an absolute discharge.

The Court of Appeal acknowledged the appellant's efforts to improve his condition but dismissed the appeal as moot because the Board had since issued a later disposition.

The appellant appealed a disposition of the Ontario Review Board ordering his continued detention at a psychiatric hospital with privileges to live in approved community accommodation.

He argued the Board erred by refusing disclosure of materials from his original NCR hearing and by failing to order an absolute or conditional discharge.

The Court of Appeal dismissed the appeal, finding the Board had no jurisdiction to review the NCR hearing's procedural fairness.

The Court also held the Board's refusal to grant a discharge was reasonable, as evidence supported the finding that the appellant continued to pose a significant risk to the community and required hospital boundaries to maintain stability.

The appellant appealed a disposition of the Ontario Review Board detaining him at the Waypoint Centre for Mental Health Care.

The appellant argued the disposition was unreasonable, that his explanations for refusing medication were ignored, and that the Board lost jurisdiction by granting an adjournment.

The Court of Appeal dismissed the appeal, finding the disposition reasonable given the appellant's significant risk, and holding that any potential loss of jurisdiction was cured by section 672.53 of the Criminal Code.

The moving party, a mental health centre, brought a motion to suspend a placement decision of the Ontario Review Board pending appeal.

The respondent, a dual status offender, was ordered by the Board to be transferred from a federal penitentiary to the mental health centre.

The moving party argued that the transfer posed a safety risk and that the Board lacked jurisdiction.

The Court of Appeal dismissed the motion, holding that the test for suspending a placement decision is whether the moving party has shown a compelling reason to doubt the reasonableness of the Board's decision concerning the mental condition of the accused.

The moving party failed to meet this heavy burden.