The appellant, who was found not criminally responsible (NCR) due to schizophrenia, appealed a disposition of the Ontario Review Board that imposed a detention order.
The Board had imposed the detention order primarily because the hospital was conducting a drug reduction program to demonstrate the appellant's need for medication.
The Court of Appeal held that the Board erred by justifying a restriction on liberty based on a risk created by a hospital treatment program rather than considering treatments available in the community.
The Court substituted a conditional discharge, finding it to be the least onerous and least restrictive disposition available given the appellant's progress, lack of prior violence, and family support.
