Appeal under Part XX.1 of the Criminal Code from an Ontario Review Board disposition continuing the appellant's detention in hospital, while permitting community living under hospital supervision.
The sole issue was whether a conditional discharge could adequately replace the detention order for an NCR accused who required ongoing antipsychotic medication and rapid rehospitalization if non-compliant.
Relying on the treating psychiatrist's evidence, the court held that the Board reasonably found detention to be the least onerous and least restrictive disposition under s. 672.54 because a conditional discharge would not permit sufficiently prompt apprehension and return to hospital.
Appeal dismissed.
