The appellant, found not criminally responsible due to mental disorder, appealed a disposition of the Ontario Review Board (ORB) ordering his detention.
He sought an absolute or conditional discharge, arguing the ORB erred in finding he posed a significant public threat and in not adequately applying Gladue principles.
The Court of Appeal granted fresh evidence motions from both parties but dismissed the appeal, finding the ORB's decision reasonable.
The court affirmed that the appellant remained a significant threat due to unstable mental health, risk of medication non-compliance, and substance abuse, which could lead to re-offending.
The refusal of a conditional discharge was also deemed reasonable, as no adequate community treatment plan was in place, despite the consideration of Gladue factors.