The appellant, found not criminally responsible on account of mental disorder (NCRMD) for attempted murder, appealed the Ontario Review Board's (ORB) decision to continue his conditional discharge, seeking an absolute discharge.
He argued the ORB's finding of a significant threat to public safety was unreasonable and presented fresh evidence of improved stability and a developed therapeutic relationship with his community psychiatrist.
The Court of Appeal dismissed the appeal, finding the ORB's original decision reasonable at the time it was made.
While admitting the fresh evidence, the majority declined to grant an absolute discharge, preferring that the ORB, as the expert body, make that determination at an already scheduled early review hearing.
A dissenting judge would have granted the absolute discharge based on the fresh evidence.