An appeal under Part XX.1 of the Criminal Code against the disposition of the Ontario Review Board dated May 25, 2017.
The appellant challenged the Board's removal of the possibility of community living from her disposition conditions.
The Board had acted on a joint position to detain the appellant in the secure unit with potential transfer to the general forensic unit but not to the community.
The appellant's treating physician testified that community living was not a realistic goal given the appellant's recent incidents of unauthorized absence and violence towards hospital staff, and that the frustration of an unattainable condition had contributed to the appellant's anger and violent behavior.
The Court of Appeal upheld the Board's decision, finding it entirely reasonable to remove the community living condition based on the evidence.
