Julie A. Zamprogna

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

The hospital, Crown, and accused jointly submitted that the accused continued to represent a significant threat to public safety and that a detention disposition remained necessary, but with the deletion of the condition requiring abstention from alcohol and drugs.

The Board accepted the joint submission, noting the accused's complex mental health issues, ongoing cannabis use, and looming housing eviction.

The Board concluded that a detention disposition was required to allow the hospital to manage the risk of rapid decompensation and support the accused's reintegration, while the removal of the abstention condition recognized his progress and encouraged transparency.

The Ontario Review Board held an annual hearing for an accused previously found unfit to stand trial on charges of mischief and failure to comply.

The accused suffers from major neurocognitive disorder (dementia) and alcohol use disorder.

The Board accepted the joint submission of the parties, supported by psychiatric evidence, that the accused is permanently unfit to stand trial due to progressive cognitive decline.

Furthermore, the Board found that the accused no longer represents a significant threat to the safety of the public, as his risk of violence is low and can be managed under the Mental Health Act.

The Board ordered that the accused be referred back to the court for a recommended stay of proceedings.

The Ontario Review Board convened a hearing to reconsider the accused's fitness to stand trial, following a remand from the Ontario Court of Appeal.

The accused, who has an intellectual developmental disorder, had previously been found unfit.

Based on updated psychiatric assessments and applying the Supreme Court of Canada's recent framework in Bharwani, the Board accepted the joint submission that the accused is now fit to stand trial.

The Board found that the accused has a reality-based understanding of the trial process and can meaningfully participate with appropriate court accommodations.

The accused was referred back to the court for next steps.

The Ontario Review Board held a hearing to review the disposition of the accused, who was previously found not criminally responsible for a terrorism hoax.

The hospital and the Attorney General argued that the accused continued to pose a significant threat to public safety and sought a continuation of his detention order.

The Board reviewed the evidence, including the accused's lack of recent violent history and his successful integration into the community over several years.

The Board concluded that the evidence of a significant threat was speculative and did not meet the legal threshold.

Consequently, the accused was granted an absolute discharge.

The accused was previously found unfit to stand trial on charges including being unlawfully in a dwelling and failing to comply with an undertaking.

The hospital requested an early hearing, asserting that the accused was now fit.

The Ontario Review Board heard evidence from the treating psychiatrist that the accused's condition had improved due to medication optimization and the use of visual cues.

The Board accepted the joint submission of the parties, finding that the accused had a reality-based understanding of the proceedings and was able to instruct counsel.

The Board concluded that the accused was fit to stand trial and ordered his return to court.

The Ontario Review Board held a mandatory annual review of the disposition for an accused found not criminally responsible for attempted murder and assault with a weapon.

The accused had been living in the community and making significant progress in managing his bipolar and substance use disorders.

The Board accepted the joint position of the parties that the accused continues to pose a significant threat to public safety, but that the threat can be adequately managed by a conditional discharge with reduced reporting requirements and the removal of the abstention condition, pending his transition to a community mental health team.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for multiple violent and sexual offences.

The accused, diagnosed with schizophrenia and an intellectual disability, had been residing in a supervised group home and remained stable on medication with no recent violent incidents.

The Board accepted the joint submission of the parties, finding that the accused continues to pose a significant threat to public safety due to his need for structured supervision to maintain medication compliance.

The Board ordered the continuation of the conditional discharge with a reduction in reporting requirements to facilitate his eventual transition to an Assertive Community Treatment (ACT) team.

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

The accused suffers from treatment-refractory schizophrenia and a substance use disorder.

While the accused showed periods of improvement and completed his high school diploma, his wellness fluctuated and he continued to experience positive symptoms of his illness.

The Board found that the accused continues to represent a significant threat to the safety of the public.

The Board ordered a continuation of the Detention Order with added provisions for community living and reporting, as jointly recommended by the parties, to facilitate his eventual reintegration into the community.

The Ontario Review Board held a mandatory annual review of the accused's disposition.

The accused, previously found not criminally responsible for various offences, had relapsed into substance use, prompting his readmission to the hospital to prevent mental decompensation.

Accepting the joint submission of the parties and the evidence of the attending psychiatrist, the Board found that the accused remains a significant threat to public safety.

The Board ordered a Detention Order with privileges up to living in the community, emphasizing the need for the hospital to have the authority to expeditiously readmit him if early warning signs of psychosis reappear.

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 aggravated assault.

The Board accepted the joint submission of the parties and the psychiatric evidence that the accused remains a significant threat to the safety of the public due to schizophrenia and a history of substance abuse.

The Board ordered a continued Detention Order with expanded accompanied passes to facilitate cautious community integration.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for various offences including assaulting a peace officer.

The accused, diagnosed with schizophrenia and substance use disorder, had recently transitioned to independent living.

Based on a joint submission and psychiatric evidence, the Board found the accused remains a significant threat to public safety.

The Board ordered a continued Detention Order with modifications, including a travel pass to visit family, as the least onerous and least restrictive measure to manage his risk.

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

The accused suffers from treatment-resistant schizophrenia, intellectual disability, and substance use disorder.

The Board accepted the joint submission of the parties, supported by the attending psychiatrist, that the accused remains a significant threat to public safety.

The Board ordered a continued Detention Order with existing conditions, but reduced the frequency of reporting requirements to encourage greater independence, while removing a no-contact clause regarding the victims.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for failing to comply with probation and criminal harassment.

The accused, diagnosed with schizophrenia, substance use disorder, and avoidant personality disorder, sought a conditional discharge.

The hospital and the Attorney General recommended maintaining the detention order with minor changes, including removing the abstain clause and increasing reporting frequency.

The Board found that the accused continues to pose a significant threat to public safety and requires the structure and supervision of a detention order to maintain medication compliance and abstinence from substances.

The disposition was continued with the hospital's recommended changes.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for multiple violent and driving offences.

The accused, who has schizophrenia and a substance use disorder, recently experienced a relapse in substance use resulting in a temporary restriction of his liberty.

The Board found that the accused continues to pose a significant threat to public safety due to ongoing psychotic symptoms, lack of insight, and vulnerability to substance relapse.

The Board ordered the continuation of his detention order at the hospital, while granting limited 36-hour passes to visit his approved person in the community.

The accused, previously found not criminally responsible for robbery and using an imitation firearm, was subject to an annual review of his detention disposition.

Following a period of medication non-compliance, the accused decompensated and made death threats against a member of the Review Board, leading to his readmission to the hospital.

The Review Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, risk of substance use, and attitudes supporting violence.

The Board ordered the continuation of his detention order with a new condition prohibiting contact with any member of the Review Board.

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

The accused suffers from Schizophrenia and a personality change due to a traumatic brain injury, which contributed to sexually inappropriate behaviours.

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

The Board ordered a Detention Order with privileges up to community living, noting that the accused's symptoms are well-controlled when compliant with hormone suppressant and antipsychotic medications.

The Ontario Review Board held a mandatory annual hearing to review the disposition of the accused, who was found not criminally responsible on account of mental disorder in 2004.

The accused has a diagnosis of schizophrenia and has experienced significant cognitive decline.

The parties made a joint submission that the accused continues to pose a significant threat to public safety and that the current detention disposition remains necessary and appropriate.

The Board agreed, finding that the accused lacks insight, requires supervision for medication adherence, and would pose a risk of serious harm if released without supervision.

The detention disposition was continued.

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

The accused had been living in a semi-supported environment, remained abstinent from substances, and demonstrated improved insight into his mental illness.

The Board accepted the joint position of the parties, finding that while the accused continues to pose a significant threat to public safety, his risk can be appropriately managed in the community.

The Board ordered a conditional discharge with conditions including treatment adherence and regular reporting.

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

The accused, diagnosed with schizoaffective disorder and substance use disorder, was living in the community under a detention disposition.

The parties jointly submitted that the accused remained a significant threat to public safety but recommended removing the substance abstention condition to test his internal motivation to abstain, coupled with increased reporting.

The Board accepted the joint submission, finding that the accused's history of decompensation linked to cannabis use required ongoing oversight, but agreed to remove the abstention clause while maintaining the detention disposition and increasing reporting frequency.

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

The accused has diagnoses of schizophrenia and substance use disorder.

Proceeding on a joint submission, the Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, vulnerability to substance use, and need for supervision to maintain medication adherence and hygiene.

The Board ordered that the current detention disposition continue with a minor modification removing a redundant clause regarding community passes.