The appellant, who was previously found not criminally responsible for attempted murder, appealed a detention order made by the Ontario Review Board.
She argued the Board failed to adequately consider her proposal for a conditional discharge that included a 'Young clause' and treatment compliance conditions.
The Court of Appeal allowed the appeal, finding that the Board must meaningfully consider whether the proposed conditions could practically and effectively address the risk to the public, and remitted the matter for a new hearing.
