The Crown appealed an Ontario Review Board disposition granting the respondent an absolute discharge.
The respondent had previously been found not criminally responsible for offences related to harassing a former girlfriend.
The Crown argued the Board failed to obtain evidence from a staff psychiatrist and misapplied the test for determining if the respondent posed a significant threat to public safety.
The Court of Appeal dismissed the appeal, finding the Board had sufficient evidence to conclude the respondent did not pose a significant threat and that its decision was reasonable.