2 total
Conditional discharge maintained for NCR accused who continues to pose a significant threat to public safety.
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.
Appeal of summary judgment ordering Crown wardship dismissed; no palpable and overriding error found.
The appellant father appealed a summary judgment order finding his 17-year-old daughter to be a child in need of protection and making her a Crown ward.
The father sought to introduce fresh evidence and argued the child was not in need of protection when she left home at age 14.
The Divisional Court admitted the fresh evidence but dismissed the appeal, finding no palpable and overriding error in the motions judge's conclusions.
The court noted the child's clear preference for no contact with her parents and her need for closure to continue her mental health recovery.
