Michael Feindel

The Ontario Review Board held a hearing to review the restriction of the accused's liberty after he was admitted to the hospital as an inpatient due to substance use, worsening mental state, and severe tremors.

The hospital sought to adjust his medication and administer electroconvulsive therapy in a controlled environment.

The Board accepted the joint submission of the parties, finding that the restriction of liberty was necessary, appropriate, and the least onerous and least restrictive measure available for the safety of the public.

The hospital requested a hearing under s. 672.81(2.1) of the Criminal Code to review a restriction of the accused's liberties after he was readmitted to the hospital from the community for a planned medication adjustment.

The accused, who was previously found not criminally responsible for assault, agreed to the admission to taper his clozapine dosage while his mental status was monitored.

The Review Board found that the restriction of liberty was significant but warranted, appropriate, and represented the least onerous and restrictive conditions for the accused.

The Ontario Review Board conducted a hearing to review the hospital's decision to readmit the accused, who was previously discharged to the community, following a substance use relapse and deteriorating mental state.

The Board found that the readmission constituted a significant restriction of liberty but was reasonable and warranted.

However, the Board noted that the accused's initial one-month placement in a non-forensic unit, due to a bed shortage, did not meet the least onerous and least restrictive test.

The accused was found not criminally responsible for multiple sexual assaults and other offences.

At the initial Ontario Review Board disposition hearing, all parties agreed the accused remained a significant threat to public safety.

The hospital and Crown recommended a Detention Order to the Forensic Service, while the accused sought placement in a General Forensic Unit.

Relying on the attending psychiatrist's evidence that the accused's symptoms were well controlled and his risk could be managed, the Board ordered detention in a General Forensic Unit with privileges up to community living.

The accused, who was found not criminally responsible for assault, underwent an annual Review Board hearing.

The hospital had transferred the accused to a secure forensic unit due to a deterioration in mental state and lack of engagement with treatment.

The Board found the transfer was a restriction of liberty but was warranted and the least restrictive option.

The Board concluded the accused remains a significant threat to public safety and ordered continued detention at the hospital in a secure forensic unit, with discretion for the hospital to transfer the accused to a general unit if appropriate.

The accused was found not criminally responsible (NCR) for multiple assault charges and referred to the Ontario Review Board for an initial disposition hearing.

The Board found that the accused, who suffers from schizoaffective disorder and a substance use disorder, remains floridly psychotic and lacks insight into her illness.

The Board concluded that she poses a significant threat to public safety and ordered her detained at the Centre for Addiction and Mental Health.

The Board declined to grant a community living privilege, accepting expert evidence that it would be counter-therapeutic and that the accused is not a realistic candidate for discharge in the upcoming year.

The accused was found not criminally responsible for arson and mischief.

At the initial Ontario Review Board hearing, the Board found that the accused poses a significant threat to public safety due to his schizophrenia, cannabis use disorder, and history of medication non-compliance.

The Board ordered a Detention Order at the Centre for Addiction and Mental Health with privileges up to living in the community, rejecting the accused's request for a Conditional Discharge.

The accused was found not criminally responsible on account of mental disorder (NCRMD) in 2021 for assault and assault with a weapon.

At his annual Ontario Review Board hearing, the hospital, his counsel, and the Crown agreed he no longer posed a significant threat to public safety.

The Board noted his exemplary commitment to programming, strong family support, and lack of relapse since 2020.

The Board granted an absolute discharge.

The accused, previously found not criminally responsible for uttering death threats, appeared before the Ontario Review Board for an annual hearing.

The accused has a delusional disorder and recently sent threatening letters, resulting in a curtailment of hospital privileges.

The attending psychiatrist testified that the accused remains a significant threat and lacks insight.

The Board found that the accused's symptoms have intensified and altered the disposition to require supervised housing and weekly reporting.

The accused, previously found not criminally responsible for aggravated assault, was living in the community under an Ontario Review Board disposition.

Following a positive drug screen for cannabis, the hospital readmitted him pursuant to his treatment plan.

The hospital placed him on a civil psychiatric unit that did not permit off-unit privileges due to a lack of available forensic beds.

The Review Board held a hearing to review the restriction of liberty.

The Board found that the initial decision to readmit the accused was necessary and appropriate.

However, the Board concluded that his ongoing detention on a unit where he was denied privileges that would otherwise be available to him on a forensic unit was not the least onerous and restrictive option.

The Ontario Review Board held an annual review hearing for the accused, who was found not criminally responsible for arson.

The accused's psychiatrist testified that she continues to pose a significant threat to public safety, though she has stabilized on new medication.

The Board ordered that the accused remain subject to a Detention Order at the hospital, with a plan to transition her back to supportive housing in the community once appropriate supports are in place.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for second-degree murder due to schizophrenia.

The hospital recommended a conditional discharge, noting the accused's exceptional progress, medication adherence, and successful integration into community housing and employment.

The Board found that while a significant threat to public safety remained, a conditional discharge was the least onerous and least restrictive disposition.

The accused was granted a conditional discharge with conditions mirroring his previous detention order.

The accused, previously found not criminally responsible for aggravated assault and other offences, appeared for his annual Ontario Review Board hearing.

The Board found he remains a significant threat to public safety due to the seriousness of the index offence and his history of substance abuse.

Noting his progress, medication compliance, and participation in programming, the Board ordered a continued detention order with the added privilege of residing in the community in 24-hour supervised accommodation.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for second-degree murder.

The accused, who suffers from treatment-resistant schizophrenia, had a successful year in the community, maintaining employment and complying with his clozapine treatment.

The Board accepted the joint position that the accused continues to represent a significant threat to public safety due to his brittle mental illness and vulnerability to stress.

The Board ordered the continuation of his conditional discharge with modifications, including reduced reporting frequency and the removal of substance testing conditions, while maintaining a weapons prohibition.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for assault in 1996.

The hospital and Crown sought a continuation of the detention order with an increased reporting frequency due to recent mental health decompensations and an upcoming destabilizing housing transition.

The accused did not attend the hearing but his counsel took no position.

The Board unanimously found that the accused continues to represent a significant threat to public safety due to his lack of insight, history of violence and fire-setting, and reliance on external supervision for medication compliance.

The Board ordered the continuation of the detention order with increased reporting to closely monitor the accused during his transition to new community housing.

The accused was found not criminally responsible for mischief, break and enter, and failing to comply with a release order.

At his initial Ontario Review Board hearing, all parties agreed he remained a significant threat to public safety and should be detained at the hospital.

The hospital recommended directly supervised community passes, while the Crown and the accused sought indirectly supervised passes.

The Board found that the accused's medication compliance, lack of recent criminal history prior to the index offences, and cooperative behaviour warranted the less restrictive option of indirectly supervised passes.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault with a weapon and aggravated assault.

The accused, who suffers from schizophrenia, had been detained at a secure forensic unit following physical altercations with co-patients.

The Board found that the accused continues to pose a significant threat to public safety due to his mental illness and risk of decompensation if unsupervised.

The Board ordered the continuation of the detention disposition, with a modification to detain the accused at the Forensic Service of CAMH, allowing for potential transfer to a general unit as his condition stabilizes.

The Ontario Review Board held an annual disposition hearing for an accused found unfit to stand trial on charges of assault causing bodily harm and mischief.

The accused, who suffers from severe treatment-resistant schizophrenia, did not attend the hearing.

The Board accepted the joint submission of the parties, finding that the accused remains unfit to stand trial, is likely permanently unfit, and continues to pose a significant threat to public safety due to a history of medication non-adherence and violent behaviour.

The Board ordered the continuation of the current detention disposition at the Centre for Addiction and Mental Health, which allows the accused to live in supervised community housing while ensuring strict medication compliance.

The accused was found not criminally responsible for uttering threats and assault against his former intimate partner.

At the initial disposition hearing, the Ontario Review Board considered whether the accused posed a significant threat to public safety.

Relying on psychiatric evidence of the accused's bipolar disorder, cannabis use, history of medication non-compliance, and poor insight, the Board concluded that a detention order was necessary.

The Board ordered detention with privileges for community living in approved accommodation, subject to conditions including abstaining from substances and having no contact with the victim.

The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found not criminally responsible for aggravated assault.

The accused, diagnosed with schizophrenia, continues to experience residual psychotic symptoms and paranoid delusions.

The Hospital recommended continuing the current detention order, which was supported by the Crown and Amicus Curiae.

The Board found that the accused remains a significant threat to public safety and requires ongoing monitoring by the forensic outpatient team.

The current detention order was continued with the same terms and conditions.