Jill Presser (amicus curiae)

The appellant appealed a disposition of the Ontario Review Board, seeking an absolute or conditional discharge.

The Court of Appeal upheld the Board's decision that the appellant posed a significant threat to public safety due to his history of violence, mental illness, and limited insight.

The Court found the Board reasonably concluded that a conditional discharge could not sufficiently manage the risk of decompensation and that detention was the least onerous and least restrictive disposition.

The appeal was dismissed.

The appellant appealed a decision of the Ontario Review Board ordering that he continue to be subject to a conditional discharge.

He argued for an absolute discharge, supported by a doctor's opinion.

The Court of Appeal dismissed the appeal, finding that the Board's decision was not unreasonable given the appellant's continuing pattern of criminal behaviour, impulsivity, and need for monitoring.