1 total
Review Board detention order upheld as adequately reasoned and evidence-based.
The appellant challenged an Ontario Review Board disposition continuing his detention under Part XX.1 of the Criminal Code after an NCR finding.
He argued that the Board gave insufficient reasons on significant threat and failed to use its inquisitorial powers to test defence counsel's concession that he continued to pose a significant threat to public safety.
The Court of Appeal held that the reasons were sufficient when read in light of the hospital report, the treating psychiatrist's evidence, and the uncontested record showing a link between substance use, psychiatric decompensation, and risk of criminal offending.
The court further held that the Board was not required to make additional inquiries where the position advanced was supported by evidence and had been independently considered by the Board.
The appeal was dismissed.
