Lejean Jemark Earle

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for aggravated assault.

The accused, diagnosed with schizophrenia and cannabis use disorder, had shown some clinical progress but experienced recent instability and an absconding incident.

The Board accepted the joint position of the parties and the hospital's evidence that the accused remains a significant threat to public safety.

The Board ordered continued detention at the Centre for Addiction and Mental Health, with privileges up to and including residing in the community in supervised accommodation to ensure medication compliance.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for weapons and assault charges.

The accused has been living in the community on a conditional discharge, maintaining stability and medication adherence with the support of his wife.

The Board found that the accused continues to pose a significant threat to public safety due to his history of psychosis and violence when unwell.

The Board ordered that the conditional discharge be continued, with a reduction in the required reporting frequency to once a month.

The accused, who was previously found unfit to stand trial and permitted to reside in the community, was readmitted to the hospital after his family withdrew consent for him to live with them due to his escalating alcohol consumption and threatening behaviour.

The Ontario Review Board held a hearing to review the restriction of liberties.

The Board found that the readmission was necessary, appropriate, and the least restrictive option available, and that ongoing detention in the hospital was warranted given the accused's lack of insight, refusal to cooperate with treatment, and stated intention to abscond.

The Ontario Review Board held a mandatory hearing to review the conditional discharge of an accused found not criminally responsible for mischief.

The accused, diagnosed with schizophrenia, had been living in the community and complying with his medication regimen, largely due to external support from his parents and treatment team.

The Board accepted psychiatric evidence that the accused lacked insight into his illness and would likely stop taking his medication if granted an absolute discharge, which would rapidly increase his risk of reoffending.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered that the conditional discharge remain in place.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for threatening death and causing a disturbance.

The accused, diagnosed with schizophrenia and cannabis use disorder, had shown significant progress over the past year, including medication compliance and abstinence from substances.

However, due to his limited insight into his illness and the recent nature of his stability, the Board accepted the joint position of the parties and the hospital's psychiatric evidence that he remains a significant threat to public safety.

The Board ordered a continued detention order with expanded privileges, including indirectly supervised passes in the Greater Toronto Area and the potential to reside in approved community accommodation.

The Ontario Review Board held a mandatory hearing to review the disposition of the accused, who was previously found not criminally responsible for offences including possessing a weapon and uttering threats.

The accused sought a conditional discharge, while the Hospital and Crown recommended continuing his detention order with privileges.

The Board accepted the psychiatric evidence that the accused remains a significant threat to public safety due to his bipolar disorder, history of medication non-compliance, and risk of relapse.

The Board ordered that the accused continue to be detained at the hospital with privileges up to residing in approved community accommodation, finding this to be the least onerous and least restrictive disposition necessary to protect the public.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for aggravated assault due to schizoaffective disorder.

The accused continued to experience prominent symptoms of psychosis, including auditory hallucinations, but had made progress in engaging with therapeutic programming and agreed to electro-convulsive therapy.

The Board accepted the joint submission of the parties, finding that the accused continues to pose a significant threat to public safety, and ordered that his detention at the Centre for Addiction and Mental Health be maintained with the same privileges.

The accused, previously found not criminally responsible for assault and uttering threats, appeared before the Ontario Review Board for an annual disposition review.

The accused had remained psychiatrically stable in the community for several years, adhered to medication, and maintained employment and pro-social activities.

The treatment team proposed ongoing monitoring by the Forensic Outpatient Service until non-forensic community supports could be established.

Applying the Winko standard, the Board found no positive evidence that the accused continued to pose a significant threat to public safety.

The Board ordered an absolute discharge.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for various offences including assault with a weapon.

The accused had a stable clinical year and was compliant with treatment, but remained overtly psychotic with paranoid and grandiose delusional beliefs.

The Board found that the accused remains a significant threat to public safety due to his brittle mental illness and risk of medication non-adherence.

The Board ordered the continuation of his detention disposition at the Centre for Addiction and Mental Health, with privileges to live in approved accommodation in the community.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for second-degree murder due to paranoid schizophrenia.

The accused had been living independently in the community on a conditional discharge.

While he had made significant progress, he experienced a recent period of decompensation requiring hospitalization and had a tendency to delay reporting declines in his mental status.

The Board accepted the joint position of the parties and the treating psychiatrist's evidence, concluding that the accused remains a significant threat to public safety.

The Board ordered the continuation of the conditional discharge on the existing terms.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for aggravated assault.

The accused, who has schizophrenia, had been living in the community under a conditional discharge and recently consented to a Community Treatment Order to manage her medication and substance use.

The Board accepted the joint position of the parties and the hospital that the accused's mental state had stabilized and she had not engaged in violence since the index offence.

The Board concluded that the accused no longer poses a significant threat to public safety under s. 672.5401 of the Criminal Code and ordered an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted arson and other offences.

The accused, who has a long history of schizophrenia and substance abuse, had a generally positive year living in a high-support community residence but continued to struggle with alcohol and cannabis use.

The Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, history of medication non-adherence, and risk of rapid psychotic deterioration without external supervision.

The Board ordered that the current detention disposition continue unchanged.

The applicant, 2248169 Ontario Inc., sought orders for vacant possession and related relief regarding two properties occupied by the respondents.

The respondents claimed rights of occupancy under long-standing leases or assignments.

The court found that there were material factual disputes, including the existence and enforceability of the leases and whether the applicant had notice or was willfully blind to their existence.

The court held that these issues required viva voce evidence and could not be determined on the application record, and therefore ordered that the application be converted to an action.

The accused was charged with impaired driving and 'over 80'.

Due to late disclosure of police communications by the Crown, the initial trial dates were adjourned, resulting in a total delay of 15.75 months.

The accused brought an application for a stay of proceedings under s. 11(b) of the Charter.

The court found that the accused took meaningful and sustained steps to expedite the proceedings and that the delay was markedly longer than it reasonably should have been for a routine drinking and driving case.

The application was granted and the charges were stayed.

The Crown sought to introduce a video statement of the complainant made 6.5 years after the alleged sexual offences committed by her father, pursuant to s. 715.1 of the Criminal Code.

The court considered whether the statement was made within a 'reasonable time' given the lengthy delay.

Balancing the complainant's aboriginal status, age at the time of the offence, trauma, and the quality of the recorded memory against the accused's right to a fair trial, the court found the statement admissible.

The court noted that the trial process and cross-examination would provide sufficient safeguards for the accused.