Paul Burstein (amicus curiae)

The appellant, previously found not criminally responsible for robbery and mischief, appealed a disposition of the Ontario Review Board that reaffirmed a hybrid detention order.

He argued he should be granted an absolute discharge, claiming he had initially malingered his symptoms and did not suffer from a mental disorder.

The Court of Appeal dismissed the appeal, finding the Board's conclusion that the appellant suffered from a major mental illness and remained a significant threat to public safety was well-supported by the evidence.

The appellant, who was found not criminally responsible for failing to comply with a probation order and uttering threats, appealed the Ontario Review Board's disposition ordering his continued detention.

The appellant sought an absolute discharge and sought to introduce fresh evidence.

The Court of Appeal dismissed the appeal, finding the Board's decision was reasonable and supported by evidence of the appellant's delusional disorder, lack of insight, and continued threat to the community.

The fresh evidence would not have affected the outcome.

The appellant was found not criminally responsible for threatening his nephew.

At the Ontario Review Board hearing, both the hospital and the Crown supported an absolute discharge, but the Board imposed a conditional discharge.

The appellant appealed, arguing the Board applied the wrong legal test.

The Court of Appeal agreed, finding the Board erred in its interpretation of the 'significant threat to the safety of the public' threshold under s. 672.54(a) of the Criminal Code.

The Board improperly relied on 'psychological stress' rather than significant psychological harm resulting from criminal conduct, and applied a standard that was too low by finding a physical response 'could not be ruled out'.

The appeal was allowed and an absolute discharge was granted.

The appellant, who suffered from a severe mental illness, was found marginally fit to stand trial and subsequently pleaded guilty to several offences, including common nuisance.

The trial judge entered findings of guilt and later found the appellant not criminally responsible on account of mental disorder (NCRMD) without conducting a plea inquiry.

On appeal, the Court of Appeal set aside the guilty pleas, findings of guilt, and NCRMD verdicts, holding that the trial judge's failure to conduct a plea inquiry vitiated the pleas given the appellant's mental state and lack of understanding of the consequences.

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

The appellant sought an absolute discharge to care for his parents, while amicus curiae argued for a conditional discharge.

The Court of Appeal dismissed the appeal, finding that the appellant remained a significant threat to public safety and had breached the terms of his previous conditional discharge.

The court upheld the Board's conclusion that a detention order was the least onerous and least restrictive disposition.