Jeffrey Jay Chapnick

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible on account of mental disorder.

The parties jointly proposed continuing the Detention Order with modifications, including extended passes, a partial exemption for alcohol and cannabis from the substance abstention clause, and reduced reporting frequency.

The Board found that the accused continues to represent a significant threat to public safety due to his schizoaffective disorder and history of substance-induced decompensation.

However, noting his recent stability, abstinence, and engagement in treatment, the Board adopted the joint submission, concluding that the modified Detention Order is the least onerous and least restrictive disposition necessary to manage his risk.

The Ontario Review Board convened to review a restriction of liberty imposed on the accused, who had previously been found not criminally responsible for various offences.

The accused, who suffers from schizophrenia and substance use disorder, relapsed into using crack cocaine and crystal methamphetamine while living in a transitional residence, prompting his readmission to the hospital.

The Board found the restriction of liberty was necessary and appropriate for public safety.

The Board also amended the accused's disposition to include an abstinence clause, finding that he required extrinsic support to maintain abstinence.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for fraud and operating a motor vehicle while prohibited.

The accused, who suffers from untreated schizoaffective disorder and severe alcohol use disorder, did not attend the hearing.

The Board found that the accused continues to represent a significant threat to the safety of the public.

The Board ordered the continuation of the current detention order without change, dismissing the accused's request to remove the driving prohibition, as the accused has a history of dangerous and impaired driving and remains at high risk of relapse.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for weapons and mischief offences.

The accused, diagnosed with schizophrenia, substance use disorder, and antisocial personality disorder, had made significant progress while living in a supervised transitional group home.

On a joint submission, the Board found the accused continued to represent a significant threat to the safety of the public due to his vulnerability to relapse and rapid decompensation under stress.

The Board ordered a continued detention disposition but removed the condition requiring abstinence from substances, while maintaining testing requirements, to assess his insight as he transitions to less-supervised housing.

The Ontario Review Board held a mandatory annual review of the accused's disposition.

The accused, previously found not criminally responsible for various offences, had relapsed into substance use, prompting his readmission to the hospital to prevent mental decompensation.

Accepting the joint submission of the parties and the evidence of the attending psychiatrist, the Board found that the accused remains a significant threat to public safety.

The Board ordered a Detention Order with privileges up to living in the community, emphasizing the need for the hospital to have the authority to expeditiously readmit him if early warning signs of psychosis reappear.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for various offences including assaulting a peace officer.

The accused, diagnosed with schizophrenia and substance use disorder, had recently transitioned to independent living.

Based on a joint submission and psychiatric evidence, the Board found the accused remains a significant threat to public safety.

The Board ordered a continued Detention Order with modifications, including a travel pass to visit family, as the least onerous and least restrictive measure to manage his risk.

Terrence Noftall, convicted of multiple sexual and child pornography offences, challenged the validity of production orders obtained by the Crown for psychiatric, psychological, medical, and employment records.

These records were sought in preparation for a potential dangerous offender application.

The defence argued that the production orders lacked statutory authority under s. 487.014 of the Criminal Code, as a dangerous offender application had not yet commenced, and that the disclosure of MCSCS records via a Memorandum of Understanding violated privacy rights.

The court dismissed the defence's application, ruling that s. 487.014 applies to the sentencing phase, including pre-assessment for dangerous offender applications, and that the MCSCS records were lawfully obtained under the Freedom of Information and Protection of Privacy Act.

The offender pleaded guilty to two counts of robbery and agreed that facts related to a third robbery count could be considered in sentencing.

Over four days in April 2018, the offender committed three bank robberies using note-passing methods without weapons or disguises, obtaining modest amounts of cash.

The court imposed a global sentence of six years imprisonment with concurrent sentences on the two guilty counts, applying principles of denunciation, general deterrence, and public protection while considering mitigating factors including the offender's guilty plea, addiction and mental health issues, and prospects for rehabilitation.