Jessica R. Szabo

The Ontario Review Board held an annual review hearing for the accused, who was found not criminally responsible for assaulting a peace officer and failing to comply with probation.

The accused suffers from schizoaffective disorder and multiple substance use disorders.

The Board found that the accused continues to represent a significant threat to the safety of the public due to her major mental illness, personality traits, and history of substance use.

The Board ordered the continuation of the current detention order with minor changes, as jointly recommended by the parties.

The hospital requested an early Review Board hearing and a Detention Order for an accused previously found not criminally responsible for assault.

The accused had been on a Conditional Discharge but stopped taking his medication, decompensated, and eloped to Quebec where he was found homeless.

Upon return to the hospital, he was highly oppositional and required a Code White for medication administration.

The Board found that the Conditional Discharge was no longer effective and that a Detention Order was the least restrictive disposition necessary to manage the risk to public safety and ensure stabilization.

The Ontario Review Board held a hearing to determine whether the accused's liberty was significantly restricted when he was admitted to the hospital.

The accused, who is subject to a disposition after being found not criminally responsible, voluntarily presented himself to the hospital due to a deterioration in his mental health.

The Board found that the admission was voluntary and did not constitute a restriction of liberty.

In the alternative, the Board held that any restriction was necessary, appropriate, and the least onerous measure.

The current disposition was maintained.

The Ontario Review Board held an early review hearing for the accused, who was previously found not criminally responsible for mischief and assault charges due to schizophrenia.

The hospital requested the early review, noting the accused's stability and compliance with long-acting injectable antipsychotic medication.

All parties supported an absolute discharge.

The Board applied the Winko test and found that the accused no longer poses a significant threat to the safety of the public, citing his treatment compliance, mental stability, insight, and successful community living.

An absolute discharge was ordered.

The accused was found unfit to stand trial on charges including assault with a weapon and aggravated assault.

The Ontario Review Board held an initial disposition hearing to determine fitness and the appropriate disposition.

Applying the Taylor and Bharwani tests, the Board found the accused remained unfit to stand trial due to an inability to understand the proceedings or meaningfully instruct counsel.

Given the accused's psychotic illness and the serious nature of the index offences, the Board ordered a detention disposition with a weapons prohibition and a no contact order to manage the risk to public safety.

The appellant, Victoria Frazer, appealed a disposition of the Ontario Review Board which concluded she remained a significant threat to public safety and ordered her continued conditional discharge.

The appellant sought an absolute discharge, arguing she did not pose a significant threat.

The Court of Appeal allowed the appeal, finding that the Board's conclusion was unreasonable and relied too heavily on speculation regarding potential medication non-compliance and substance use.

Consequently, the Court set aside the Board's order and granted the appellant an absolute discharge.

The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found not criminally responsible for assault, uttering threats, and disarming a peace officer.

The hospital and the Crown recommended a conditional discharge, though the Crown requested that a specific residence be named.

The Board found that while the accused remains a significant threat to public safety due to his history of substance abuse and violent behaviour when unwell, his recent mental stability, abstinence from substances, and compliance with medication justified a conditional discharge.

The Board concluded it was not necessary to specify a residence in the disposition.

The Ontario Review Board held an initial hearing for the accused, who was found not criminally responsible for second-degree murder.

The accused, diagnosed with schizoaffective disorder and substance-use disorder, had experienced severe psychotic symptoms leading up to the index offence.

The Board concluded that the accused remains a significant threat to public safety.

A detention order was issued with conditions, including a prohibition on substance use, weapons, and contact with specific individuals, while allowing for gradual, indirectly supervised passes into the community as treatment progresses.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for arson and breach of probation.

The hospital and the Attorney General jointly submitted that the accused no longer posed a significant threat to public safety and should receive an absolute discharge.

The Board accepted the expert evidence that the accused's mental status remained stable despite his use of legal substances, and that his risk to the public was low.

Finding that the significant threat threshold was not met, the Board granted an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for uttering threats and assault.

The accused sought the removal of alcohol and cannabis prohibitions from his disposition.

The Board found that the accused continues to represent a significant threat to public safety due to schizophrenia and substance use disorders.

Relying on psychiatric evidence that substance use would likely cause a relapse of psychotic symptoms and violent behaviour, the Board ordered continued detention on a General Forensic Unit with the alcohol and cannabis prohibitions maintained.

The Ontario Review Board conducted an annual review of the disposition for an accused previously found not criminally responsible for endangering life and arson.

The hospital, Crown, and accused jointly recommended an absolute discharge.

The Board accepted the treating psychiatrist's evidence that the accused is clinically stable, compliant with medication, and has ceased using cocaine.

Finding that the accused no longer represents a significant threat to public safety, the Board granted an absolute discharge.

The accused, previously found not criminally responsible for aggravated assault against her mother, appeared before the Ontario Review Board for an annual review of her disposition.

The hospital recommended maintaining a detention order with a reduced reporting frequency, noting the accused's progress but emphasizing the rapid onset of her past psychosis and the ongoing risk to her mother, with whom she now resides.

The Board found that the accused continues to pose a significant threat to public safety and ordered the continuation of the detention order with reporting reduced to not less than once every four weeks.

The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found not criminally responsible for aggravated assault and weapons offences.

The accused sought expanded privileges and a community living clause.

Relying on the evidence of the treating psychiatrist, the Board found that the accused continues to pose a significant threat to public safety due to his history of violence driven by psychotic symptoms, medication non-compliance, and limited insight.

The Board concluded that the current detention order, without expanded privileges, remains the least onerous and least restrictive disposition necessary to balance public safety with the accused's rehabilitation needs.

The accused was found not criminally responsible for arson and the matter was remitted to the Ontario Review Board for an initial disposition hearing.

The Board found that the accused, who has schizophrenia and a history of substance abuse and medication noncompliance, continues to pose a significant threat to public safety.

Accepting a joint recommendation from the parties, the Board ordered a Detention Order at the Ontario Shores Centre for Mental Health Sciences with specified privileges, including potential community living, and prohibitions.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for assault with a weapon and other offences.

The accused, diagnosed with schizophrenia and substance abuse disorder, had recently experienced a relapse requiring hospitalization after a period of stability in the community.

The Board accepted the joint recommendation of the parties and the treatment team, finding that the accused continues to pose a significant threat to public safety due to his brittle illness and vulnerability to stressors.

The Board ordered the continuation of the existing Detention Order as the least onerous and least restrictive disposition.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for sexual assault and other offences.

The accused, diagnosed with schizophrenia and substance use disorder, had recently decompensated in the community and required hospitalization.

The Board accepted the joint submission of the parties and the attending psychiatrist's evidence that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order, noting the accused requires supervised housing before any future discharge.

The accused, previously found not criminally responsible for aggravated assault, was subject to an Ontario Review Board disposition allowing her to live in the community.

The hospital readmitted her after she consistently tested positive for illicit substances and breached her disposition conditions.

The Board convened a hearing to review the restriction of liberties under s. 672.81(2.1) of the Criminal Code.

The Board found that the initial and ongoing restriction of the accused's liberty was warranted and represented the least restrictive and least onerous intervention necessary to manage her risk and address her substance use.

The Ontario Review Board conducted an annual review of the accused, who was found not criminally responsible for aggravated assault.

The accused suffers from schizoaffective disorder with catatonic features.

While the accused has made significant progress, remained medication compliant, and utilized privileges without incident, the Board found he continues to pose a significant threat to public safety.

The Board ordered the continuation of his Detention Order, rather than a Conditional Discharge, to ensure the hospital retains authority over his community accommodation and can intervene promptly if he shows subtle signs of decompensation.

Additional privileges, including community living and an international travel pass, were granted.

The Court of Appeal for Ontario considered when a gender affirming surgery, specifically a vaginoplasty without penectomy, qualifies as an insured service under the Ontario Health Insurance Plan (OHIP).

The court held that vaginoplasty is a specifically listed insured service in the Schedule of Benefits, regardless of whether it is accompanied by a penectomy, and that the exclusion for experimental procedures does not apply to specifically listed services.

The appeal by the General Manager of OHIP was dismissed.

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

The accused, previously found not criminally responsible for criminal harassment and failing to comply with conditions, suffers from schizophrenia and cannabis use disorder.

The Board found that the accused continues to represent a significant threat to public safety due to ongoing symptoms, lack of insight, and recent violent behaviour following cannabis use.

The Board ordered a hybrid Detention Disposition, maintaining internet restrictions but allowing for potential transfer to a general forensic unit.