J. L. Lefebvre

The Ontario Review Board held an annual review for an accused found unfit to stand trial on an assault charge.

The accused, who suffers from schizophrenia and experiences command hallucinations, has been detained in a high-secure forensic program and kept in seclusion due to unpredictable physical aggression.

The Board found that the accused remained unfit to stand trial and ordered his continued detention at the hospital as the necessary and appropriate disposition.

Additionally, the Board ordered an independent assessment by a criminologist to provide new perspectives on managing the accused's condition and reducing his seclusion, with an early review hearing to follow.

During an annual review hearing for an accused found not criminally responsible, the accused requested an independent assessment to help establish parameters for managing his transition out of long-term seclusion.

The accused had been in seclusion for over six years due to treatment-resistant schizophrenia and a refusal to take oral medications.

The Ontario Review Board ordered a single independent assessment pursuant to s. 672.121(b) of the Criminal Code to identify more effective treatment and management strategies to assist the Board in making a disposition.

Prior to an annual review hearing before the Ontario Review Board, preliminary motions were heard regarding the disclosure of documents.

The accused sought disclosure of a seclusion consult report (the Ball Summary), which the Board ordered disclosed.

The hospital brought a motion under s. 672.51(3) of the Criminal Code to withhold unredacted versions of the Ball Summary and an updated external seclusion report from the accused.

The Board granted the hospital's motion, finding that disclosure of the redacted information would likely endanger the life or safety of another person or seriously impair the treatment or recovery of the accused.