Julie A. Zamprogna

The Ontario Review Board conducted an annual review and a Restriction of Liberty (ROL) hearing for an accused found not criminally responsible for break and enter and breach of probation.

The accused, diagnosed with schizophrenia and substance use disorder, had his liberty restricted after testing positive for methamphetamines and going AWOL from his community residence.

The Board found the restriction of liberty was warranted and necessary.

Relying on uncontroverted expert psychiatric evidence, the Board concluded the accused remains a significant threat to public safety and ordered the continuation of his Detention Order with amendments requiring 24/7 supervised accommodation.

The accused was found not criminally responsible on account of mental disorder for two counts of arson.

At the initial hearing before the Ontario Review Board, the Board considered whether the accused represented a significant threat to the safety of the public.

The Board found that the accused's major mental illness, history of noncompliance with treatment, and ongoing substance use posed a significant threat of serious criminality.

The Board concluded that a detention disposition was necessary and appropriate to manage the risk, allowing the hospital to respond quickly to any return of psychotic symptoms.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault.

The accused has a history of schizoaffective disorder, substance use, and violence.

While he made recent progress in the hospital setting, he continues to lack insight into his illness and the impact of substance use.

The Board accepted the joint submission of the parties and the evidence of the treating psychiatrist, finding that the accused continues to represent a significant threat to the safety of the public.

A detention disposition was ordered as necessary and appropriate to manage his risk.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for weapons and mischief offences.

The accused, diagnosed with schizophrenia, substance use disorder, and antisocial personality disorder, had made significant progress while living in a supervised transitional group home.

On a joint submission, the Board found the accused continued to represent a significant threat to the safety of the public due to his vulnerability to relapse and rapid decompensation under stress.

The Board ordered a continued detention disposition but removed the condition requiring abstinence from substances, while maintaining testing requirements, to assess his insight as he transitions to less-supervised housing.

The Ontario Review Board held an initial hearing for the accused, who was found not criminally responsible for uttering threats.

The accused has a long history of schizoaffective disorder, substance use, and non-compliance with treatment.

The Board accepted the joint submission of the parties, finding that the accused continues to represent a significant threat to the safety of the public.

A detention disposition was ordered as necessary and appropriate to manage the risk and support the accused's ongoing treatment and rehabilitation.

The Ontario Review Board conducted an annual review of the disposition for the accused, who was found not criminally responsible for arson endangering human life.

The accused suffers from major mental illness, recently diagnosed as Dissociative Identity Disorder, and has a history of substance abuse and severe childhood trauma.

The Board found that the accused continues to represent a significant threat to the safety of the public due to ongoing psychotic symptoms, hallucinations, and a recent relapse into substance use while in hospital.

A detention disposition was ordered as necessary and appropriate to manage her risk while she engages in the early phases of psychotherapy.

The accused was found not criminally responsible for offences including uttering threats and assault with intent to resist arrest.

At his initial disposition hearing before the Ontario Review Board, the uncontradicted psychiatric evidence established that his schizophrenia was well-managed in the community through long-acting injectable medication and a Community Treatment Order.

The Board found that the accused did not pose a significant threat to the safety of the public and granted an absolute discharge.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for weapons and break-and-enter offences.

The accused, diagnosed with schizophrenia and substance use disorder, had recently been readmitted to the hospital due to paranoia but showed rapid improvement after starting clozapine.

The Board accepted the joint submission of the parties, finding that the accused continues to represent a significant threat to public safety and that a continuation of the Detention Order with amended privileges is the necessary and appropriate disposition.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for theft.

The accused sought to remove conditions prohibiting cannabis use and requiring random drug screening, while conceding he remained a significant threat to public safety requiring a detention disposition.

The Board found that the accused's major mental illness, exacerbated by substance use, continued to pose a significant threat.

The Board concluded that a detention disposition remained necessary and that the abstinence and testing conditions were minimally intrusive and essential to ensure public safety, given the accused's history of rapid decompensation following substance use.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for uttering threats.

The accused has treatment-resistant schizophrenia and a history of substance use.

The hospital recommended continuing the Detention Order but removing the abstain from substances clause to test the accused's ability to abstain as his privileges increase in the community.

The Board found the accused continues to represent a significant threat to public safety but accepted the hospital's recommendation to remove the abstain clause, noting that close supervision would allow for a quick return to the hospital if his mental health deteriorated.

The accused was found not criminally responsible for assault by choking and was discharged on conditions.

At his initial Ontario Review Board hearing, the hospital's attending psychiatrist testified that the accused's schizophrenia and substance use disorder were in partial remission, he had strong community support, and he no longer posed a significant threat to public safety.

The Crown and the accused supported the hospital's recommendation.

The Board unanimously accepted the psychiatric evidence, found the accused did not pose a significant threat to the safety of the public, and granted an absolute discharge.

The accused was charged with historical sexual offences but was found unfit to stand trial by the Superior Court of Justice due to severe cognitive decline resulting from metastatic lung cancer.

The Ontario Review Board held a disposition hearing and unanimously accepted the psychiatric evidence that the accused's condition is permanent and he cannot meaningfully participate in a trial.

Applying the Supreme Court's test in Bharwani, the Board confirmed the accused is unfit to stand trial.

Given his medical condition and lack of significant threat to public safety, the Board ordered a conditional discharge with minimal conditions, including virtual reporting and a no-contact order with the victims.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault and aggravated assault.

The accused, who suffers from schizophrenia and cannabis use disorder, had previously choked his mother due to command hallucinations.

The treating psychiatrist testified that the accused's mental status had significantly improved and his medications were optimized, though he still required the structure of a hospital setting.

The Board accepted the joint submission of the parties and ordered the continuation of the detention order with amended privileges, including the possibility of residing in approved accommodation in the community once transitioned.

The accused was found not criminally responsible for assault with a weapon and referred to the Ontario Review Board for an initial disposition hearing.

The accused suffers from schizophrenia and an intellectual disability, and has a history of violence and noncompliance with medication.

The Board applied the Winko test and unanimously found that the accused represents a significant threat to the safety of the public.

A Detention Order was issued with privileges up to indirectly supervised hospital and grounds access, taking into account an outstanding criminal charge for which the accused was remanded in custody.

The accused, previously found not criminally responsible for aggravated assault, was living in the community under a disposition order.

After being evicted from his group home and temporarily housed in a motel, his mental health decompensated, exacerbated by cannabis use.

The hospital readmitted him, significantly restricting his liberties.

The Ontario Review Board held a hearing under s. 672.81(2.1) of the Criminal Code and found that the initial and ongoing restriction of the accused's liberty was necessary, appropriate, and the least restrictive option available to manage his risk.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for aggravated assault.

The accused, diagnosed with schizophrenia and a substance use disorder, had transitioned to a group home and was doing well, though he continued to experience psychotic symptoms and delusional beliefs.

The hospital, supported by the Attorney General and the accused's counsel, recommended continuing the Detention Order with amended pass privileges.

The Board unanimously found that the accused continues to represent a significant threat to public safety and ordered the continuation of the Detention Order with the requested amendments to allow for indirectly supervised passes.

The accused was found unfit to stand trial on charges including unlawfully in a dwelling house and assaulting a peace officer.

The Ontario Review Board held an initial hearing to determine fitness and disposition.

Based on psychiatric evidence, the Board found that the accused remains unfit to stand trial due to a combination of intellectual disability and an unspecified psychotic disorder.

The Board concluded that the accused represents a significant threat to the safety of the public and ordered a Detention Disposition with privileges, including the possibility of residing in 24-hour supervised community accommodation.

The Ontario Review Board held an annual review hearing for the accused, who had previously been found unfit to stand trial on various charges including mischief and theft.

The attending psychiatrist testified that the accused's schizophrenia symptoms had resolved with medication and that he now demonstrated a reality-based appreciation of the legal process.

Applying the Supreme Court of Canada's recent decision in Bharwani, the Board unanimously accepted the psychiatric evidence and found the accused fit to stand trial.

The Board ordered that the accused be returned to court.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for mischief and assault with a weapon.

The accused's primary diagnosis of schizophrenia is complicated by catatonia, which the hospital is actively treating.

The Board accepted the hospital's evidence that the accused lacks insight and would likely discontinue treatment and return to substance use if unsupervised.

The Board concluded that the accused continues to represent a significant threat to the safety of the public and ordered the continuation of his Detention Order with privileges.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for break and enter, assault, and mischief.

The accused, diagnosed with schizoaffective disorder and substance use disorder, had transitioned to independent living and remained abstinent from substances.

The Board found that while the accused continues to pose a significant threat to public safety, he can be safely managed in the community under the terms of a conditional discharge, supported by his family and community mental health resources.