Maya Shukairy

The accused was found not criminally responsible (NCR) for assault causing bodily harm after attacking a stranger in his apartment building while experiencing a psychotic episode due to medication non-compliance.

The Ontario Review Board held a disposition hearing to determine if the accused posed a significant threat to public safety.

Relying on expert psychiatric evidence, the Board found that the accused's treatment-resistant paranoid schizophrenia and substance use posed a significant risk of future violence.

The Board ordered a detention order, rather than a conditional discharge, to ensure the hospital could monitor the accused and intervene if he decompensated, while allowing for community living in approved accommodation.

The Ontario Review Board held a hearing to review the restriction of liberty of the accused, who had been readmitted to the hospital from the community due to mental decompensation and aggressive behaviour.

The hospital recommended transferring the accused to a facility better suited for longer-term rehabilitation.

The Board found that the restriction of liberty was warranted and ordered the accused's transfer to the new facility, maintaining the terms of the previous disposition until the transfer.

The accused, charged with aggravated assault and robbery, brought a pretrial motion to exclude statements he made to police during two interviews.

He argued the first statement was involuntary due to police trickery—specifically, the failure to disclose fingerprint evidence—and that he was psychologically detained, resulting in Charter breaches.

The court applied the Oickle and Grant frameworks, finding the first statement was voluntary and the accused was not detained, as he attended the station willingly and was free to leave.

Consequently, the second statement was not tainted, and all statements were ruled admissible.