Self-represented (Amicus: Michael Davies)

The appellant appealed a disposition of the Ontario Review Board ordering his continued detention at a psychiatric hospital with privileges to live in approved community accommodation.

He argued the Board erred by refusing disclosure of materials from his original NCR hearing and by failing to order an absolute or conditional discharge.

The Court of Appeal dismissed the appeal, finding the Board had no jurisdiction to review the NCR hearing's procedural fairness.

The Court also held the Board's refusal to grant a discharge was reasonable, as evidence supported the finding that the appellant continued to pose a significant risk to the community and required hospital boundaries to maintain stability.

The appellant appealed a disposition of the Ontario Review Board directing his detention at a minimum secure unit, subject to living in the community at the hospital's discretion.

The appellant sought an absolute or conditional discharge.

The Court of Appeal dismissed the appeal, finding the Board's conclusion that the appellant posed a significant risk to public safety was supported by evidence of his lack of insight, need for medication, and risk of drug use.

The Court held that a detention disposition was necessary to ensure the hospital's continued authority to manage his risk and compel his return if his condition deteriorated.