Kelley J. Bryan

The appellant, who was previously found not criminally responsible for assault causing bodily harm, appealed a decision of the Ontario Review Board maintaining his conditional discharge.

He argued that the Board's finding that he continued to pose a significant risk to the public was unreasonable and sought an absolute discharge.

The Court of Appeal dismissed the appeal, finding that the Board reasonably relied on expert psychiatric testimony indicating that the appellant's impending transition to a less structured living environment would increase his risk to public safety.

The appellant, previously found not criminally responsible for uttering a death threat, appealed a disposition of the Ontario Review Board ordering his continued detention at a secure forensic unit.

The appellant argued the Board failed to properly assess the likelihood and seriousness of potential future harm under the Winko test.

The Court of Appeal dismissed the appeal, finding the Board reasonably relied on expert evidence detailing the appellant's recent clinical deterioration, substance abuse, and threatening behaviour to conclude he remained a significant threat to public safety.