Jean D. Buie

The appellant, who was found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board ordering his continued detention at the Centre for Addiction and Mental Health.

The Court of Appeal found that the Board erred in its application of the Winko test by failing to properly assess whether the appellant posed a significant threat to public safety, specifically regarding the risk of serious physical or psychological harm.

The appeal was allowed and the matter returned to the Board for rehearing.

The appellant appealed a disposition of the Ontario Review Board, arguing the Board failed to make the least onerous and least restrictive disposition by not granting the hospital discretion to permit him to live in the community.

The Court of Appeal dismissed the appeal, finding the disposition reasonable and supported by evidence that community living was not a viable option due to the appellant's obsession with living with his daughters.

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

Amicus curiae and the hospital argued the Board erred by imposing a 24-hour supervision requirement without canvassing the parties, and by denying overnight visits.

The Court of Appeal agreed the Board should have canvassed the parties regarding the supervision requirement, which was overly restrictive.

The Court allowed the appeal in part, amending the disposition to remove the '24 hours a day' supervision requirement, but upheld the Board's decision to deny overnight passes.

The appellant appealed the Ontario Review Board's disposition ordering that he continue to be subject to a Conditional Discharge.

The Court of Appeal found that the Board made serious errors of law, as there was no positive evidence that the appellant continued to pose a significant threat to public safety.

The appellant had been living in the community for almost five years, adhered to his medication, and had the support of his treatment team for an absolute discharge.

The appeal was allowed, and the appellant was granted an absolute discharge.