2 total
Annual NCR disposition review maintains hospital detention order and denies request to allow alcohol consumption.
The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found not criminally responsible for weapons and assault offences.
The accused sought an amendment to his detention order to allow the consumption of alcohol in the presence of approved persons.
The Board found that the accused continues to represent a significant threat to public safety due to his schizoaffective disorder, history of aggression, and limited insight.
Relying on evidence from the treating psychiatrist regarding the disinhibiting effects of alcohol and a past incident of severe intoxication, the Board concluded that the requested amendment would unacceptably increase the risk to the public.
The current detention order was continued without change.
A 24-month net delay in an impaired driving trial exceeded the Jordan ceiling, warranting a stay.
The applicant brought a motion to stay charges of impaired driving and "over 80" on the basis of a breach of his right to be tried within a reasonable period of time under Section 11(b) of the Canadian Charter of Rights and Freedoms.
The charges were laid on June 24, 2014, with the information sworn on July 9, 2014.
The trial was scheduled for one day but was not completed until April 13, 2016, with judgment delivery delayed until February 7, 2017.
The total delay was 26 months, or 24 months after deducting defence delay.
The court found that the net delay of 24 months exceeded the 18-month presumptive ceiling established in R. v. Jordan and that the Crown failed to establish exceptional circumstances to rebut the presumption.
The court granted the stay of proceedings.
