Kathryn A. Hunt

The appellant, who was found not criminally responsible for criminal harassment and uttering death threats, appealed a disposition of the Ontario Review Board granting him a conditional discharge.

He sought an absolute discharge, arguing the Board erred in finding he remained a significant threat to public safety.

The Court of Appeal dismissed the appeal, finding the Board properly applied the significant threat standard and reasonably relied on expert evidence regarding the appellant's delusional disorder, refusal to take medication, and lack of insight.

The conditional discharge was upheld.

The appellant, found NCR in 2007, appealed an Ontario Review Board order transferring him from a general forensic unit to a secure forensic unit.

The hospital recommended the transfer because the appellant's repeated breaches of the anti-smoking policy and drug use resulted in the suspension of his indirectly supervised passes, making his detention on the general unit more restrictive due to staffing limitations.

The secure unit offered better access to necessary substance abuse programming.

The Court of Appeal dismissed the appeal, finding the Board's disposition reasonable as it would enhance the appellant's rehabilitation and reintegration into society.