Mary P. Acheson

The appellant, who had a history of psychiatric illness, was found not criminally responsible by reason of mental disorder for breaking and entering.

The Review Board repeatedly granted him conditional discharges, denying an absolute discharge because it could not conclude he was not a significant threat to public safety.

The appellant challenged the constitutionality of section 672.54 of the Criminal Code under sections 7 and 15(1) of the Charter.

Applying the companion decision in Winko, the Supreme Court of Canada held that the provisions do not violate the Charter and dismissed the appeal.

The appellant, who suffers from paranoid schizophrenia, was found not criminally responsible for various offences and was conditionally discharged by the Review Board.

He challenged the constitutionality of section 672.54 of the Criminal Code, arguing it violated sections 7 and 15(1) of the Charter.

Applying the companion decision in Winko, the Supreme Court of Canada held that the provisions do not violate the Charter, as they are carefully crafted to protect the liberty of the NCR accused while ensuring public safety.

The appeal was dismissed.