The appellant, found not criminally responsible on account of mental disorder (NCRMD) in 2016, appealed a 2024 disposition by the Ontario Review Board (ORB) that continued his detention.
The ORB concluded he remained a significant threat to public safety primarily due to ongoing cannabis use.
The Court of Appeal found that the ORB's reasons did not adequately explain how the legal test for "significant threat to the safety of the public" was met, particularly regarding the causal link between cannabis use, mental state deterioration, and a substantial risk of serious criminal harm.
The court noted the appellant's medication adherence and lack of recent violent behaviour, questioning the ORB's conclusion that intervention was the sole reason for no deterioration.
The appeal was allowed, the ORB's disposition set aside, and the matter remitted for a new hearing before a differently constituted panel.