Kuljit K. Bhamra

The Ontario Review Board conducted an annual review of the disposition for Rick Duc Lao, who was previously found not criminally responsible for criminal harassment.

Mr. Lao suffers from treatment-resistant schizophrenia and a substance use disorder.

The Board accepted the uncontroverted expert evidence that Mr. Lao lacks insight into his condition, continues to use substances that exacerbate his psychosis, and poses a moderate to high risk of violence.

The Board concluded that Mr. Lao remains a significant threat to public safety and ordered the continuation of his detention order at the forensic hospital.

The accused, who was found not criminally responsible for attempted murder, appeared before the Ontario Review Board for an annual disposition review.

The accused suffers from schizophrenia complicated by excited catatonia and a cannabis use disorder.

The Board accepted the joint submission of the parties, supported by the expert evidence of the attending psychiatrist, that the accused remains a significant threat to public safety.

The Board ordered a continued Detention Order with expanded geographical privileges for accompanied community passes to facilitate family visits, noting that the accused is not yet ready for indirectly supervised passes while medication optimization is ongoing.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for failing to comply with probation and criminal harassment.

The accused, diagnosed with schizophrenia, substance use disorder, and avoidant personality disorder, sought a conditional discharge.

The hospital and the Attorney General recommended maintaining the detention order with minor changes, including removing the abstain clause and increasing reporting frequency.

The Board found that the accused continues to pose a significant threat to public safety and requires the structure and supervision of a detention order to maintain medication compliance and abstinence from substances.

The disposition was continued with the hospital's recommended changes.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment.

The accused, diagnosed with schizophrenia and substance use disorder, had voluntarily returned to the hospital multiple times due to cannabis use, which exacerbates his psychotic symptoms.

Relying on uncontroverted expert evidence and a joint submission from the parties, the Board found that the accused remains a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order, finding it necessary to manage his risk and support his reintegration.

The offenders were sentenced for their roles in the unprovoked shooting death of a random victim during an attempted robbery.

McDonald, convicted of second-degree murder, was sentenced to life imprisonment with 25 years of parole ineligibility, to be served consecutively to a previous life sentence for another murder.

Lako, convicted of manslaughter, was sentenced to 12 years' imprisonment.

The court denied Lako's request for enhanced pre-sentence custody credit related to the COVID-19 pandemic, finding insufficient evidence of unique personal vulnerability or measurable impact beyond that experienced by the general public.

The applicants, charged with manslaughter and second-degree murder, brought a pre-trial application to determine whether the amendments in Bill C-75 eliminating peremptory challenges (repeal of s. 634 of the Criminal Code) have retrospective effect.

The court held that the availability of peremptory challenges is a procedural matter, not a substantive right.

Therefore, the repeal applies retrospectively to all matters before the court as of the coming into force date, September 19, 2019.