I. McCuaig

The Ontario Review Board conducted a mandatory annual review of the disposition for an accused found not criminally responsible for second-degree murder.

The accused, diagnosed with schizophrenia, had recently transitioned to a 24-hour supervised community residence and demonstrated sustained psychiatric stability on medication.

The Board found that the accused continues to pose a significant threat to public safety due to the conditional nature of his stability and the severity of the index offence.

The Board ordered a continued detention order with privileges for supervised community living and a reduction in reporting frequency, finding it to be the least onerous and least restrictive disposition.

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

The accused, diagnosed with chronic paranoid schizophrenia, has remained stable in the community but lacks insight into his illness and the need for medication.

The treating psychiatrist testified that the accused would stop taking medication if not subject to a Board order, which would likely lead to decompensation and a return of psychotic symptoms.

The Board found that the accused continues to pose a significant threat to public safety and ordered the continuation of his Conditional Discharge with no changes to its terms.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for second-degree murder.

The accused, diagnosed with schizophrenia, had previously held extremist religious beliefs that drove the index offence.

The Board found that the accused continues to pose a significant threat to public safety but noted his clinical stability and progress.

The Board ordered a continuation of the Detention Order with the addition of indirectly supervised community privileges and the possibility of supervised community living, along with a no-contact order for the victim's family.

The Ontario Review Board conducted a placement review hearing for a dual status offender who had been found not guilty by reason of insanity for assault and was serving life sentences for rape and attempted murder.

The offender had been residing in the community under hospital supervision but exhibited concerning behaviour, including unauthorized contact with children and substance use.

The Board found that the hospital was no longer an appropriate placement, as the offender's risk factors were entirely criminogenic and he required the comprehensive sex offender programming and monitoring available through the Correctional Service of Canada.

The Board ordered the offender transferred to the jurisdiction of the CSC.

The appellant appealed summary conviction findings arising after police used an undercover cross-border e-mail investigation to obtain a production order, search warrants, and child pornography evidence.

The appeal turned on whether the e-mail exchanges supplied reasonable and probable grounds to believe an offence under s. 172.2 of the Criminal Code had been committed.

The court held that “making an arrangement” in s. 172.2 is broader than “agreeing” and captures communications for the purpose of planning the commission of a listed sexual offence against a child.

On that interpretation, the detailed discussions of age, price, sexual acts, timing, and travel amply supported the production order and warrants.

The appeal was dismissed.