Kelley J. Bryan

The appellant, who was previously found not criminally responsible for assault causing bodily harm, appealed a decision of the Ontario Review Board maintaining his conditional discharge.

He argued that the Board's finding that he continued to pose a significant risk to the public was unreasonable and sought an absolute discharge.

The Court of Appeal dismissed the appeal, finding that the Board reasonably relied on expert psychiatric testimony indicating that the appellant's impending transition to a less structured living environment would increase his risk to public safety.

The appellant, previously found not criminally responsible for uttering a death threat, appealed a disposition of the Ontario Review Board ordering his continued detention at a secure forensic unit.

The appellant argued the Board failed to properly assess the likelihood and seriousness of potential future harm under the Winko test.

The Court of Appeal dismissed the appeal, finding the Board reasonably relied on expert evidence detailing the appellant's recent clinical deterioration, substance abuse, and threatening behaviour to conclude he remained a significant threat to public safety.

The appellant, who was found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board.

At his annual review hearing, all parties presented a joint submission to continue his previous disposition, which included unaccompanied privileges.

The Board rejected the joint submission and imposed a more restrictive disposition without giving the parties notice of its intention to do so.

The Court of Appeal allowed the appeal, holding that the Board breached its duty of procedural fairness by failing to give the appellant notice that it was inclined to reject the joint submission and an opportunity to lead further evidence or make additional submissions.