The appellant, previously found NCRMD for assault with a weapon and robbery, appealed a conditional discharge disposition by the Ontario Review Board.
The appellant argued the Board failed to fulfill its inquisitorial role and improperly shifted the burden of proof regarding whether he posed a significant threat to public safety.
The Court of Appeal dismissed the appeal, finding the Board had sufficient evidence to make an informed decision and did not shift the burden of proof, as its concerns about the appellant's stability were amply supported by psychiatric evidence.
