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.
