Self-represented (Joseph Di Luca

The appellant, who was found not criminally responsible for aggravated assault, appealed a disposition of the Ontario Review Board ordering his detention on a secure forensic unit.

He argued the Board erred by rejecting a hybrid disposition that would have allowed discretion to transfer him to a general forensic unit.

The Court of Appeal dismissed the appeal, finding the Board's conclusion that a hybrid disposition was premature to be reasonable given the early stages of the appellant's treatment.

Although the Board improperly relied on the appellant's request for an absolute discharge to buttress its findings, the error was of no consequence.

The appellant, who suffers from schizoaffective disorder and was found not criminally responsible, appealed an Ontario Review Board disposition ordering his continued detention in a minimum-secure facility.

He argued the Board erred by failing to adequately consider a conditional discharge.

The Court of Appeal found that the Board did err by failing to consider whether the appellant would consent to medication conditions and by failing to properly analyze the mechanisms under the Criminal Code and Mental Health Act for returning him to the hospital if he decompensated.

However, the appeal was dismissed due to fresh evidence showing the appellant had stopped taking his medication, decompensated, and been returned to a medium-secure unit.