M. Biggar

The Ontario Review Board conducted an annual review for an 86-year-old accused charged with manslaughter who suffers from progressive dementia.

The Board found the accused permanently unfit to stand trial, as she was unable to understand the proceedings or communicate with counsel.

Relying on expert evidence that her mobility had decreased and she had exhibited no aggressive behaviour for over a year, the Board concluded she no longer posed a significant threat to public safety.

The Board recommended the matter be returned to court to determine whether a stay of proceedings should be ordered.

The Ontario Review Board held an annual review hearing for an 86-year-old accused who was previously found unfit to stand trial on a charge of manslaughter.

The accused suffers from progressive dementia and resides in a behavioural support unit at a long-term care facility.

Based on the hospital report and the testimony of her treating psychiatrist, the Board found that the accused remains globally unfit to stand trial and continues to pose a significant threat to public safety due to her history of aggressivity.

The Board ordered the continuation of her conditional discharge, finding it to be the least onerous and least restrictive disposition that manages the risk while meeting her mental health and cultural needs.