The appellant, who was found not criminally responsible on account of mental disorder, appealed a disposition of the Ontario Review Board ordering his continued detention at the Centre for Addiction and Mental Health.
The Court of Appeal found that the Board erred in its application of the Winko test by failing to properly assess whether the appellant posed a significant threat to public safety, specifically regarding the risk of serious physical or psychological harm.
The appeal was allowed and the matter returned to the Board for rehearing.
