S. Foda

The accused was found not criminally responsible (NCR) for three counts of failing to stop after an accident, while simultaneously being convicted of dangerous driving causing death and bodily harm.

At his initial Ontario Review Board hearing regarding the NCR findings, the hospital's forensic psychiatrist testified that the accused did not suffer from a major mental illness, lacked antisocial traits, and posed a very low risk of reoffending.

The Board accepted this evidence, finding that the accused did not meet the threshold of posing a significant threat to the safety of the public.

Consequently, the Board ordered an absolute discharge in relation to the NCR offences.

At a preliminary hearing before the Ontario Review Board, the Attorney General sought to summons the accused's mental health records from his time in federal custody and to compel his mother to testify.

The accused opposed the summons for records.

The Board ordered the production of the psychiatric and psychological records, citing its inquisitorial role and obligation to gather relevant evidence regarding whether the accused represents a significant threat to public safety.

The parties agreed to use the mother's trial transcript instead of compelling her testimony.