Jessica R. Szabo

The appellant challenged an Ontario Review Board disposition under Part XX.1 of the Criminal Code.

Following a material change in living circumstances and concession that practical utility of the appeal had dissipated pending the next annual review, the court dismissed the appeal.

The Ontario Review Board held a mandatory hearing under s. 672.81(1) of the Criminal Code for an accused previously found not criminally responsible for assault with a weapon and forcible confinement.

The accused had been abstinent from cannabis, which was a major trigger for his psychosis, and was living safely in the community with his family.

The Board found that the accused remains a significant threat to public safety due to diagnostic uncertainty and the recency of his transfer to a new treatment team.

However, the Board concluded that a conditional discharge was the least onerous and least restrictive disposition necessary and appropriate in the circumstances.

The accused, previously found not criminally responsible for violent offences, was subject to a conditional discharge.

Following the removal of an abstinence clause, he resumed consuming large amounts of cannabis and alcohol, leading to decompensation, paranoid delusions, and sexually inappropriate behaviour.

He voluntarily returned to the hospital.

The hospital and Crown sought a detention order with an abstinence clause, while the accused sought to maintain the conditional discharge.

The Ontario Review Board found that the accused continues to pose a significant threat to public safety and that a conditional discharge is insufficient to manage his risk.

The Board ordered a detention order with conditions including absolute abstinence from alcohol and cannabis.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for manslaughter.

The Board found that the accused continues to pose a significant threat to public safety due to his schizophrenia and schizoid personality disorder.

However, noting his significant progress, medication compliance, and successful transition to a supervised group home, the Board accepted a joint submission for a Conditional Discharge.

The disposition includes conditions that he reside in a private room in supervised supportive housing associated with Durham Mental Health Services.

The accused was found not criminally responsible for sexual assault and referred to the Ontario Review Board.

The Board held a hearing to determine whether the accused posed a significant threat to public safety and the appropriate disposition.

The accused suffers from treatment-resistant schizophrenia and has a history of nonadherence to medication, leading to disorganized and aggressive behaviour.

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

The Board ordered that the accused be detained within the Forensic Program at Ontario Shores Centre for Mental Health Sciences, with privileges and prohibitions including abstaining from substance use.

The accused was found not criminally responsible for arson and assaulting peace officers.

The Ontario Review Board held a hearing to determine his disposition.

The Board found that the accused, who has a history of bipolar disorder, medication nonadherence, and substance use, poses a significant threat to the safety of the public.

The Board ordered his detention on the General Forensic Unit at Ontario Shores, with privileges to live in the community in approved accommodation, and imposed prohibitions including a ban on possessing incendiary devices.

The Ontario Review Board conducted a mandatory review of the accused's conditional discharge disposition.

The accused, previously found not criminally responsible for dangerous operation causing death, requested the removal of a substance prohibition clause from his disposition.

The Board accepted the hospital's psychiatric evidence that the accused's complex neurological and psychiatric diagnoses made him highly vulnerable to destabilization from substance use.

The Board found that the accused continues to pose a significant threat to public safety and ordered the continuation of the conditional discharge with the substance prohibition clause intact.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for assault and breach of probation.

The accused is diagnosed with schizophrenia, cannabis use disorder, and antisocial personality disorder.

Despite making steady progress with treatment and remaining compliant with medication, the accused incurred new criminal charges involving an imitation firearm while at a group home.

The Board accepted the hospital's evidence that the accused would pose a very high risk for physical violence if he stopped his medication and resumed substance use.

The Board concluded the accused remains a significant threat to public safety and ordered the continuation of the existing Detention Disposition.

The accused, previously found unfit to stand trial on three charges of assault, appeared before the Ontario Review Board for an annual hearing.

The hospital brought a preliminary application to withhold certain disposition information from the accused, which the Board granted.

On the central issue of fitness, the accused's psychiatrist testified that the accused now understands the nature and object of court proceedings and can communicate with counsel.

All parties agreed the accused was fit.

The Board found the accused fit to stand trial and ordered him returned to court, noting the court's jurisdiction to make a Keep Fit Order.

Harley Hill, previously found not criminally responsible for attempted murder, appeared before the Ontario Review Board for an annual disposition review.

The hospital and Attorney General sought a continued detention order, arguing he remained a significant threat to public safety due to his schizophrenia and need for supervised medication management.

The accused's counsel argued he no longer posed a significant threat and should be managed in the community.

The Board accepted the hospital's evidence, finding that the accused continues to pose a significant threat, and ordered his continued detention with privileges to transition to community living when appropriate.

The Ontario Review Board conducted an early review of the accused's disposition following his decompensation and readmission to the hospital.

The hospital requested the hearing to reinstate a prohibition on cannabis use, arguing it was necessary for the accused's stability and rehabilitation.

The Board accepted the joint submission and expert psychiatric evidence, finding that the accused continues to pose a significant threat to public safety.

The Board ordered his continued detention at the hospital with a strict prohibition on all illicit substances, including cannabis, to provide external motivation for his recovery.

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

The accused, who was found not criminally responsible for second-degree murder, has a diagnosis of schizophrenia.

While she had a generally successful year living independently and maintaining employment, she incurred a new charge for breaching a no-contact condition and purchased a vehicle without consulting her treatment team.

The Board found that she continues to pose a significant threat to public safety due to her limited insight and potential for rapid decompensation.

The Board ordered the continuation of her conditional discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment and failure to comply with probation.

The accused sought an absolute discharge, arguing he no longer posed a significant threat to public safety.

The hospital and the Attorney General recommended continuing the conditional discharge with the removal of certain clauses.

Relying on the attending psychiatrist's evidence that the accused experienced residual psychotic symptoms and required structured support for medication compliance, the Board found the accused continued to pose a significant threat.

The Board ordered the continuation of the conditional discharge with the removal of the treatment and residence clauses.

The Ontario Review Board held a hearing to review the restriction of liberty and disposition of the accused, who was previously found not criminally responsible for multiple violent offences.

While AWOL from the hospital, the accused relapsed into substance use and sent sexually violent and threatening emails to his treating psychiatrist.

The Board found that the restriction of liberty was necessary and appropriate.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered his transfer to St. Joseph's Hospital in Hamilton, with strict conditions restricting his access to internet-enabled devices.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for criminal harassment and failure to comply with a probation order.

The accused sought an absolute discharge or an amendment to permit unsupervised family visits.

The hospital and Crown opposed any changes.

Relying on the testimony of the treating psychiatrist, the Board found that the accused continues to pose a significant threat to public safety due to treatment-resistant schizophrenia, antisocial personality disorder, and a history of substance abuse.

The Board maintained the current detention order with privileges.

The accused was found unfit to stand trial on account of mental disorder and referred to the Ontario Review Board.

At the initial hearing, the primary issue was whether the accused had become fit to stand trial.

The Board heard evidence from the accused's treating psychiatrist that she continues to experience psychotic symptoms, disorganization, and struggles to understand the trial process and consequences despite fitness coaching.

The Board applied the legal test for fitness and concluded that the accused remains unfit to stand trial.

A Detention Order on terms was issued.

The Ontario Review Board held an annual hearing for the accused, who was previously found unfit to stand trial on various charges including assault with a weapon and uttering threats.

The accused has diagnoses of schizophrenia and moderate intellectual disability.

Based on the hospital report and psychiatric testimony, the Board concluded that the accused remains unfit to stand trial.

The Board ordered that the current disposition be maintained, with the addition of supervised community living privileges to promote independence and assist with supportive housing waitlists.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused was previously found unfit to stand trial on charges of assault causing bodily harm and failing to comply with probation.

Based on the hospital report and testimony from the treating psychiatrist, the Board found that the accused remains unfit to stand trial due to schizophrenia and an intellectual developmental disorder.

The Board ordered that the accused be detained in a Secure Forensic Unit, with discretion given to the person in charge to transfer him to a General Forensic Unit when appropriate, and granted indirectly supervised hospital and grounds passes.

The accused, previously found not criminally responsible for various weapons offences, was subject to an annual review hearing before the Ontario Review Board.

The hospital, supported by the Attorney General and the accused, recommended a Conditional Discharge, noting the accused's stability, medication compliance, and successful employment in the community.

The Board accepted the clinical evidence that while the accused remains a significant threat to public safety, this risk can be readily managed in the community.

The Board ordered a Conditional Discharge without a specified community residence or substance prohibition.

The Ontario Review Board conducted an annual review of the accused's conditional discharge.

The accused had been found not criminally responsible for assault with a weapon and theft.

The hospital and the Attorney General recommended continuing the conditional discharge, while the accused sought an absolute discharge.

Relying on the treating psychiatrist's evidence that the accused's schizoaffective disorder is brittle and requires strict clozapine monitoring, the Board found the accused remains a significant threat to public safety.

The conditional discharge was continued with minor modifications.