Julie A. Zamprogna Ballès

David Grant, found not criminally responsible (NCR) for harassment and breach of peace bond due to bipolar disorder and delusions, appealed the Ontario Review Board's disposition.

The Board denied his request for an absolute discharge, continuing his detention with privileges at a forensic mental health care centre, and imposing contact restrictions.

Grant argued the Board unreasonably found he posed a significant public threat, lacking evidence for a foreseeable and substantial risk of serious criminal offence if discharged.

The Court of Appeal dismissed the appeal, deferring to the Board's expertise and finding its risk assessment reasonable, given Grant's continued delusions, cannabis use exacerbating his condition, and consistent fixation on the victim, concluding he would likely re-engage in criminal behaviour without supervision.

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.

The appellant, Bradley Cable, appealed a disposition from the Ontario Review Board ordering his detention at the Southwest Centre for Forensic Mental Health Care, following a finding of not criminally responsible for various offences.

Cable argued the Board erred in not considering a conditional discharge as the least onerous option, despite conceding he posed a substantial public safety risk.

The Court of Appeal dismissed the appeal, finding the Board's decision was amply supported by evidence, including psychiatric reports indicating severe untreated mental health issues and a high risk of reoffending, and that there was no air of reality to the possibility of a conditional discharge.

Matthew Bilodeau appealed a disposition of the Ontario Review Board that continued his conditional discharge but reduced his reporting obligation, seeking an absolute discharge.

He argued the Board's finding that he continued to pose a significant threat to public safety was unreasonable and speculative.

The Court of Appeal dismissed the appeal, finding the Board's conclusion reasonable and grounded in evidence, particularly concerning the severity of the index offence, the need for active monitoring due to his mental disorder, and the risks associated with medication non-compliance and the transition to a new therapeutic team.

An appeal from an Ontario Review Board disposition ordering continued detention of an NCR (not criminally responsible) accused at a forensic psychiatric hospital with community living privileges.

The appellant sought a conditional discharge as the least onerous and least restrictive disposition.

The Court of Appeal upheld the Board's decision, finding that the detention order remained necessary and appropriate given the appellant's ongoing mental health and substance use issues, poor insight into her condition, vulnerability to relapse, and recent threatening behaviour.

The court rejected the appellant's arguments that the Board failed to consider relevant factors including her sobriety, age-related reduction in violence risk, negative effects of hospitalization, and commitment to treatment compliance.

The appellant appealed the Ontario Review Board's disposition maintaining a detention order for his care.

The appellant had been found not criminally responsible on account of mental disorder for assault, forcible confinement, and criminal harassment.

The Board accepted a joint submission from the appellant's counsel and physician to continue detention with increased community passes.

The appellant argued the Board erred in accepting the joint submission without properly discharging its inquisitorial duty.

The Court of Appeal dismissed the appeal, finding the Board was entitled to rely on the joint submission and had conducted its own inquiry concluding the appellant remained a significant threat to public safety.