F. Bernhardt

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

The accused had been living in the community but experienced a brief readmission to the hospital due to substance use and subtle decompensation.

The hospital and Crown sought a continuation of the detention order, arguing the Mental Health Act was insufficient to ensure timely readmission if his mental state deteriorated.

The Board found the accused remained a significant threat to public safety but concluded a conditional discharge was the least onerous and least restrictive disposition.

Relying on recent appellate jurisprudence, the Board imposed a conditional discharge with a modified 'Young clause' requiring the accused to attend and submit to hospital admission upon direction, enforceable under the Criminal Code.

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

The accused, diagnosed with schizophrenia and substance use disorder, sought to reduce his reporting requirements.

The Board found that the accused continues to represent a significant threat to the safety of the public due to fluctuating symptoms, limited insight, and a history of rapid decompensation.

The Board ordered the continuation of the conditional discharge, including the requirement to report to the hospital at least once per week, to ensure public safety and meet the accused's mental health needs.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused was previously found not criminally responsible for assault causing bodily harm and failing to comply with probation.

Based on the uncontroverted expert evidence of the attending psychiatrist and the joint submission of the parties, the Board found that the accused continues to pose a significant threat to public safety due to his major mental illness, intellectual deficit, and limited insight.

The Board ordered the continuation of the existing Detention Order.

The Ontario Review Board conducted an annual review of the accused's Conditional Discharge.

The accused, who was found not criminally responsible for assault and failing to comply with a recognizance, has schizophrenia and a history of violence.

The Board accepted the joint recommendation of the parties and the uncontroverted expert evidence that the accused remains a significant threat to public safety without professional support in place.

The Board ordered the continuation of the Conditional Discharge, with the removal of the requirement to submit urine and breath samples, pending the accused's transition to a non-forensic psychiatric team.

The accused was found Not Criminally Responsible (NCR) on charges of aggravated assault, assault, and threatening bodily harm.

The Ontario Review Board held a disposition hearing to determine if the accused posed a significant risk to public safety.

The Board found that the accused, who suffers from treatment-resistant schizoaffective disorder and has a history of medication non-compliance, remains a significant threat to the public.

The Board ordered a hybrid Detention Order at the secure forensic unit, with discretion for the person in charge to transfer the accused to a general forensic unit, along with specific privileges and restrictions.

The accused was found unfit to stand trial due to an untreated psychotic illness.

The Crown applied for a treatment order under s. 672.58 of the Criminal Code.

The defence argued that committal to the Ontario Review Board was the least onerous and least restrictive option.

The court accepted expert evidence that the accused lacked insight and would not cooperate with the civil treatment regime, which could result in prolonged delays.

The court concluded that a treatment order was the most timely and effective means of restoring the accused to a fit state and granted the application.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for armed robbery and related offences.

The hospital and the Crown jointly recommended a conditional discharge, noting the accused's progress, medication adherence, and transition to a less supervised setting, while maintaining that he remains a significant threat to public safety.

The Board accepted the joint recommendation and ordered a conditional discharge, finding that public safety would not be compromised.

The accused was found not criminally responsible for robbery and assault causing bodily harm and referred to the Ontario Review Board for an initial disposition hearing.

The hospital and Crown sought a Detention Order, while the accused requested a Conditional Discharge.

The Board found that the accused, who has chronic schizophrenia, continues to pose a significant threat to public safety due to his history of medication non-adherence and substance use.

The Board concluded that a Detention Order was the least onerous and least restrictive disposition necessary to manage his risk and ensure rapid readmission if decompensation occurs.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for arson.

The accused, who suffers from schizophrenia and an acquired brain injury, is currently detained at Waypoint Centre and awaiting transfer to CAMH.

The Board found that the accused continues to pose a significant threat to public safety due to ongoing symptoms, limited response to treatment, and persistent sexualized behaviours.

The Board ordered the continuation of the current detention order and noted it lacks jurisdiction to compel CAMH to expedite the transfer absent a Charter application.

The accused, previously found not criminally responsible for assault, appeared before the Ontario Review Board for an annual review.

The Board found that he continues to pose a significant threat to public safety due to his brittle psychotic illness, lack of insight, and history of medication noncompliance.

Despite a positive year and adherence to medication, the Board concluded a detention order remains necessary to manage the stressors of his return to university and to ensure the hospital can approve his residence and intervene quickly if his mental health deteriorates.

The hospital requested an early review of the accused's Conditional Discharge Disposition after he eloped from the hospital and his mental health deteriorated due to medication non-compliance.

The accused, who has a diagnosis of Schizoaffective Disorder and a history of unprovoked violence, experienced a psychotic decompensation requiring involuntary admission and seclusion.

The Ontario Review Board found that the accused continues to pose a significant threat to public safety and ordered a Detention Order Disposition, as his risk could no longer be safely managed in the community.

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

The accused, diagnosed with schizophrenia and substance use disorders, had been residing in the community under a conditional discharge.

The Board accepted the joint recommendation of the parties, supported by the treating psychiatrist's evidence, that the accused continues to represent a significant threat to the safety of the public.

The Board ordered the continuation of the conditional discharge, noting the accused's stability and compliance with treatment, while recognizing the need for ongoing support during his transition to more independent housing.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for sexual assault.

The accused, diagnosed with Schizoaffective Disorder and Alcohol Use Disorder, had demonstrated significant improvement, consistent treatment engagement, and abstinence from substances.

Relying on the uncontroverted evidence of the hospital's psychiatrist, the Board found that the accused no longer posed a significant threat to public safety.

The accused was granted an absolute discharge.

The accused was found not criminally responsible for multiple unprovoked assaults committed while experiencing untreated schizophrenia.

At the initial Ontario Review Board hearing, the hospital and Crown sought a detention order, which the accused did not oppose.

The Board found the accused remains a significant threat to public safety due to his history of decompensation and violence when untreated.

The Board ordered the accused detained at the hospital with conditions, accepting expert evidence that the hospital requires the ability to approve his accommodation and intervene early to manage his risk in the community.

The accused, previously found not criminally responsible for firearms offences, appeared for his initial disposition hearing before the Ontario Review Board.

The accused has diagnoses of schizophrenia and substance use disorders.

The Board accepted the joint position of the parties that the accused continues to pose a significant threat to public safety.

A detention order was issued, granting privileges up to and including living in the community in approved accommodation, subject to conditions including reporting and abstaining from substances.

The accused, previously found not criminally responsible for aggravated assault, appeared before the Ontario Review Board for his annual hearing.

The hospital and Crown proposed continuing the current conditional discharge on identical terms, which the accused did not contest.

The Board heard evidence from the treating psychiatrist that the accused's mental health is stable, he is medication compliant, and his risk is well managed.

The Board ordered the continuation of the conditional discharge, noting the accused's progress and the potential for an absolute discharge in the future if stability continues.

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

The Board found that the accused continues to pose a significant threat to public safety due to ongoing symptoms of schizophrenia, a brain injury, and sexually inappropriate behaviour.

However, as the accused had not displayed physical aggression or required seclusion in the past year, the Board ordered his transfer from the high secure unit at Waypoint to the less secure all-male Secure Forensic Unit at CAMH.

The Ontario Review Board conducted an annual review of the accused's Detention Disposition.

The accused, who was found not criminally responsible for armed robbery and other offences, suffers from schizoaffective disorder and continues to experience auditory hallucinations.

The Hospital and the Attorney General recommended continuing the Detention Disposition, while the accused sought a Conditional Discharge.

The Board found that the accused continues to pose a significant threat to public safety due to his fragile mental state, lack of insight, and refusal to optimize his medication.

The Board ordered the continuation of the Detention Disposition but added a clause permitting international travel with an approved person.

The Ontario Review Board held a hearing to review the disposition of the accused, who was previously found not criminally responsible for armed robbery and other offences.

The accused sought a Conditional Discharge Disposition, while the hospital and Attorney General recommended continuing the existing Detention Disposition.

The Board found that the accused continues to pose a significant threat to public safety due to his fragile schizoaffective disorder, ongoing auditory hallucinations, limited insight, and refusal to optimize his medication.

The Board concluded that a Conditional Discharge was inappropriate as the hospital needed to maintain strict supervision to manage his risk of violence.

The Detention Disposition was continued, with the addition of a clause permitting international travel to Jamaica with an approved person.

The accused was found not criminally responsible in 2018 for uttering death threats and was subject to an Ontario Review Board disposition.

At his annual review, the hospital, the accused, and the Attorney General jointly submitted that he no longer posed a significant threat to the safety of the public.

The Board accepted the joint submission, noting that the accused's schizophrenia had been in remission since 2019, he was compliant with treatment, and he had strong family and community support.

The Board ordered an absolute discharge.