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Accused with intellectual disability found unfit to stand trial; hospital detention order continued.
The Ontario Review Board conducted a mandatory review of the accused's disposition and fitness to stand trial.
The accused, who has a severe intellectual developmental disorder, was previously found unfit to stand trial on charges including sexual assault and assault.
Relying on the uncontested psychiatric evidence and applying the Supreme Court's recent test in Bharwani, the Board unanimously found the accused remains unfit to stand trial as he cannot meaningfully participate in the process.
The Board ordered the continuation of the current hospital Detention Order, finding the accused poses a significant threat to public safety and requires a highly structured and supervised setting, while noting ongoing efforts to secure appropriate community accommodation.
Accused found unfit to stand trial; Detention Order continued to protect public safety.
The Ontario Review Board conducted an annual review of the accused's disposition.
The accused had previously been found unfit to stand trial on charges of committing indecent acts.
The Board applied the test from R. v. Bharwani and accepted the uncontradicted psychiatric evidence that the accused remains unfit to stand trial due to a schizoaffective disorder and delusions that prevent a reality-based understanding of the court process.
The Board ordered the continuation of the accused's Detention Order without amendment to protect public safety.
Detention order continued for NCR accused who remains a significant threat to public safety.
The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault with a weapon and assault causing bodily harm.
The accused suffers from bipolar disorder and a traumatic brain injury, and has a history of substance use and non-adherence to treatment in the community.
The Board unanimously accepted the joint submission of the parties and the evidence of the attending psychiatrist that the accused continues to pose a significant threat to public safety.
The Board ordered the continuation of the current Detention Order with amendments to the geographical area for passes, finding that a less restrictive disposition would not adequately protect the public.
Accused granted absolute discharge as he no longer poses a significant threat to public safety.
The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for assault.
Despite recent incidents of substance use and a suicide attempt, the accused's mental condition had stabilized with long-acting injectable antipsychotics and intensive community support.
The Board accepted expert psychiatric evidence that the accused's risk of violence to the public was low, and that his recent struggles primarily posed a risk of self-harm.
Concluding that the accused no longer posed a significant threat to the safety of the public, the Board granted an absolute discharge.
Detention disposition continued for NCR accused who remains a significant threat to public safety.
The Ontario Review Board conducted an annual review of the accused's detention disposition.
The accused, who was found not criminally responsible for uttering threats, suffers from schizoaffective disorder and substance use disorder.
The Board accepted the joint submission of the parties that the accused continues to pose a significant threat to the safety of the public due to ongoing delusions, recent substance use relapses, and fluctuating insight.
The Board ordered the continuation of the detention disposition with minor modifications, finding that the hospital requires the authority to return him for assessment if his mental state deteriorates.
Detention order continued for NCR accused following substance relapse; joint submission for expanded passes rejected.
The Ontario Review Board held an annual hearing for an accused previously found not criminally responsible for firearms and threat offences.
The accused, diagnosed with bipolar disorder and substance use disorder, had recently relapsed into cocaine use and experienced a motor vehicle accident while on community living privileges.
The Board found that the accused continues to represent a significant threat to the safety of the public due to his high risk of relapse, underdeveloped insight, and recent substance use.
The Board ordered the continuation of his detention disposition with no expansion of privileges, rejecting a joint submission to expand community passes for a speculative employment opportunity.
Detention order continued with expanded community privileges for NCR accused who remains a significant threat.
The Ontario Review Board conducted an annual review hearing for an accused found not criminally responsible for attempt to commit murder.
The accused, diagnosed with schizophrenia and substance use disorder, had made significant progress in the community and maintained abstinence.
The Board accepted the joint recommendation of the parties, finding that the accused remains a significant threat to public safety due to the risk of rapid decompensation.
The Board ordered the continuation of the detention disposition with expanded community privileges, including reduced reporting requirements and the removal of abstain and no-contact clauses.
Conditional discharge granted for NCR accused who successfully transitioned to community living and remained abstinent.
The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for weapons and threat offences.
The accused, diagnosed with schizophrenia and a substance use disorder, had successfully transitioned to a less supervised community residence and remained abstinent.
The Board found that the accused continues to represent a significant threat to public safety but concluded that a conditional discharge with a residency requirement and treatment conditions was the necessary and appropriate disposition to manage the risk while promoting reintegration.
Accused found permanently unfit to stand trial; detention disposition continued and next review extended to 24 months.
The Ontario Review Board held an annual hearing for an accused previously found unfit to stand trial on charges of assault and uttering threats.
The accused has diagnoses of schizophrenia, intellectual disability, and autism spectrum disorder.
Based on the joint submission of the parties and the evidence of the attending psychiatrist, the Board found the accused remains permanently unfit to stand trial and continues to pose a significant threat to public safety.
The Board ordered the continuation of the current detention disposition and extended the time for the next review hearing to 24 months.
The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assaulting a peace officer and mischief.
The accused suffers from treatment refractory schizoaffective disorder, substance use disorder, and intellectual development disorder.
The Board accepted the uncontested psychiatric evidence that the accused continues to experience psychotic symptoms, lacks insight, and requires 24/7 supervision.
The Board found that the accused continues to pose a significant threat to the safety of the public and ordered the continuation of his detention disposition, with expanded geographic boundaries for passes to facilitate placement on a waitlist for supportive housing.
Hospital's restriction of accused's liberty following absconding and assault deemed necessary and appropriate.
The Ontario Review Board held a mandatory hearing to review the hospital's decision to restrict the liberty of the accused, who had previously been found unfit to stand trial.
The accused had absconded during a community program, walked into traffic, and assaulted a staff member.
The Board found that the initial decision to withhold privileges and the ensuing restriction of liberty were necessary, appropriate, and represented the least restrictive measures available to manage the risk to public safety.
NCR accused with infection-induced delirium ordered detained with discretionary privileges following joint submission.
The Ontario Review Board held an initial disposition hearing for an 81-year-old accused found not criminally responsible for attempted murder.
The accused had cut his daughter-in-law's throat while experiencing delirium induced by a severe, treatment-resistant infection following hip surgery.
Accepting a joint submission supported by the treating psychiatrist's evidence, the Board found the accused remains a significant threat to public safety due to his ongoing infection and cognitive decline.
The Board ordered a detention order with discretionary privileges, including the ability to reside in hospital-approved community accommodation.
Ontario Review Board orders Detention Disposition for NCR accused who continues to pose a significant threat.
The accused was previously found not criminally responsible for attempted murder and possession of a weapon.
Following a transfer from Alberta to Ontario, the Ontario Review Board held an initial disposition hearing.
Relying on uncontroverted psychiatric evidence, the Board found that the accused continues to suffer from delusional disorder and poses a significant threat to public safety if released without supervision.
The Board ordered a Detention Disposition with privileges to allow for gradual reintegration into the community.
Accused found unfit to stand trial due to inability to understand proceedings or instruct counsel.
The Ontario Review Board held an initial hearing to determine the fitness of the accused, who had previously been found unfit to stand trial on charges including mischief and causing a disturbance.
The accused has a complex mental health history involving severe trauma, suicide attempts, and diagnoses including Complex PTSD and possible Dissociative Identity Disorder.
Relying on the expert evidence of two treating psychiatrists, the Board found that the accused remained unable to demonstrate a reality-based understanding of court proceedings and could not rationally instruct counsel.
The Board concluded the accused remains unfit to stand trial and ordered a Detention Disposition.
Detention Disposition maintained for NCR accused with treatment-resistant schizophrenia who remains a significant threat.
The Ontario Review Board held a mandatory hearing to review the Detention Disposition of the accused, who was previously found not criminally responsible for bank robbery.
The accused suffers from treatment-resistant schizophrenia and a substance use disorder.
The Board accepted the joint submission and the hospital's psychiatric evidence that the accused continues to pose a significant threat to public safety due to his lack of insight, risk of substance use, and potential for medication non-adherence in the community.
The Board ordered that the Detention Disposition be maintained with the same terms.
Initial NCR disposition orders detention and transfer to CAMH due to significant threat to public safety.
The accused was found not criminally responsible for aggravated assault and appeared before the Ontario Review Board for an initial disposition.
The Board found that the accused, who suffers from schizoaffective disorder and has a history of medication non-adherence and cannabis use, remains a significant threat to public safety.
Relying on uncontroverted psychiatric evidence, the Board concluded that a Conditional Discharge was inappropriate due to the accused's fragile stability and need for supervised accommodation.
The Board ordered a Detention Order with a transfer to CAMH and residual authority at Southwest.
Conditional discharge revoked and detention disposition ordered due to medication non-adherence and increased substance use.
The Ontario Review Board held a mandatory annual review of the accused's disposition.
The accused, previously found not criminally responsible for assault with a weapon and other offences, was subject to a Conditional Discharge.
Due to recent medication non-adherence, increased substance use, and decompensation, the hospital recommended a Detention Disposition.
The Board found that the accused continues to represent a significant threat to the safety of the public and that a Conditional Discharge was no longer sufficient to manage his risk.
The Board ordered a Detention Disposition at the Southwest Centre for Forensic Mental Health Care.
Review Board rejects joint submission for absolute discharge, finding NCR accused remains a significant threat.
The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for assault and other offences.
The hospital and the Crown jointly submitted that the accused no longer posed a significant threat to public safety and should receive an absolute discharge.
The Board rejected the joint submission, finding that the accused's bipolar disorder remained unstable, his medication regimen required frequent adjustments, and his risk management relied heavily on the tenuous support of his common-law partner.
Concluding that the accused continued to pose a significant threat, the Board ordered a Detention Order.
Board upholds hospital's restriction of liberty for NCR accused who distributed drugs in community.
The accused, previously found not criminally responsible for theft, was living in the community under an Ontario Review Board disposition.
He was evicted from his group home for distributing crystal methamphetamine to other patients and returned to the hospital, resulting in a restriction of his liberty.
The Board held a hearing under s. 672.81(2.1) of the Criminal Code to review the restriction.
The Board found that both the initial and ongoing restrictions of liberty were justified, necessary, and represented the least onerous and least restrictive option available, given his substance use, anti-social personality disorder, and lack of insight.
Conditional Discharge granted for NCR accused whose schizoaffective disorder is symptom-free and risk manageable.
The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for criminal harassment and assault causing bodily harm due to schizoaffective disorder.
The treating psychiatrist testified that the accused is currently symptom-free, compliant with medication, and has strong community support.
The Board accepted the joint submission of the parties, finding that while the accused remains a significant threat to public safety, his risk can be adequately managed in the community.
The Board ordered a Conditional Discharge.