G.A.R. Grant

The Ontario Review Board held an initial disposition hearing for an accused found unfit to stand trial on historical sexual offences.

The accused suffers from a major neurocognitive disorder (likely Fahr's Disease) with severe cognitive impairment and behavioural disturbances.

Applying the fitness test from R. v. Bharwani, the Board found the accused remains unfit to stand trial as he cannot understand the proceedings or communicate with counsel.

The Board ordered a conditional discharge, requiring the accused to reside in a supervised long-term care facility.

The accused was found not criminally responsible for assault with a weapon and referred to the Ontario Review Board for an initial disposition hearing.

The accused suffers from schizophrenia and an intellectual disability, and has a history of violence and noncompliance with medication.

The Board applied the Winko test and unanimously found that the accused represents a significant threat to the safety of the public.

A Detention Order was issued with privileges up to indirectly supervised hospital and grounds access, taking into account an outstanding criminal charge for which the accused was remanded in custody.