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Ontario Review Board exceeded jurisdiction by ordering a videoconference hearing without the NCR accused's consent.
The applicant, who was found not criminally responsible, objected to the Ontario Review Board holding her annual disposition review hearing by videoconference during the COVID-19 pandemic.
The Board ruled it had the authority to proceed by videoconference without her consent and over her objections.
The applicant sought a writ of certiorari to quash the ruling.
The Superior Court of Justice granted the application, finding that under section 672.5(13) of the Criminal Code, the Board may only hold a hearing by videoconference if the accused consents, and therefore the Board exceeded its jurisdiction.
