B. Sacevich

The Ontario Review Board held an initial disposition hearing for an accused found unfit to stand trial on charges including uttering threats, criminal harassment, and assault.

Relying on psychiatric evidence, the Board concluded the accused remains unfit to stand trial due to cognitive and language impairments.

The Board ordered that the accused be detained at the hospital with privileges up to living in the community in approved accommodation, subject to conditions including a weapons prohibition and no-contact orders.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for failing to stop for police and taking a motor vehicle without consent.

The hospital and the Attorney General initially sought a continuation of the conditional discharge, while the accused sought an absolute discharge.

The Board heard evidence from the treating psychiatrist that the accused was medication compliant, functioning well in the community, and had been accepted by a non-forensic community support team.

Applying the test from Winko, the Board concluded that the accused no longer posed a significant threat to public safety and granted an absolute discharge.