Michael Feindel

The Ontario Review Board held an annual review for an accused found not criminally responsible for assault causing bodily harm.

The accused's diagnoses include schizoaffective disorder and cannabis use disorder.

The Board accepted the joint submission of the parties, supported by psychiatric evidence, that the accused remains a significant threat to public safety and requires supportive housing.

The Board ordered the continuation of the existing Detention Order with privileges up to and including community living in accommodation approved by the hospital.

The Ontario Review Board held an annual review hearing for the accused, who was found not criminally responsible for criminal harassment and failing to comply with orders in 2005.

The hospital and all parties jointly submitted that he no longer poses a significant threat to public safety.

The Board accepted the evidence that he has been stable in supportive housing since 2021 and his risk can now be managed by the civil mental health system.

The Board granted him an absolute discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder.

The accused's current diagnoses are schizophrenia and cannabis use disorder in sustained remission.

The clinical team recommended maintaining the existing conditional discharge, noting that while the accused had periods of stability, he recently struggled with anxiety and required ongoing external structure and supervision to prevent psychotic decompensation.

The Board found that the accused continues to pose a significant threat to public safety and ordered that the conditional discharge be maintained subject to the existing conditions.

The accused appeared before the Ontario Review Board for an annual review of his disposition, having been found not criminally responsible for assault causing bodily harm.

The hospital and Crown recommended no change to his Detention Order, while the accused sought an Absolute Discharge.

The Board found that the accused continues to pose a significant threat to public safety due to residual symptoms of schizophrenia, a history of non-compliance with treatment, and a desire to consume cannabis.

The Board maintained the Detention Order but ordered that his community living privileges be specifically restricted to supervised housing approved by the person in charge, rather than independent living, to ensure adequate risk management.

The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for robbery and uttering threats.

The accused is currently under a Detention Order at the Centre for Addiction and Mental Health.

The Board heard evidence from the treating psychiatrist that the accused continues to experience active psychotic symptoms and cognitive deficits, though he has had a relatively good year with no violence.

The Board accepted the joint submission of the parties to maintain the current Disposition, noting that the threat of violence continues to be present and the hospital is actively seeking community living options.

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

The accused, who suffers from schizophrenia and declining physical health, has been residing in community housing under a conditional discharge.

The Board accepted the joint position of the parties and the hospital's clinical team that the accused remains a significant threat to public safety.

The Board ordered that the accused remain subject to the existing conditional discharge, with the removal of the substance testing provision, as the least onerous and least restrictive disposition.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for sexual assault and forcible confinement.

The accused sought a conditional discharge to reside with his parents, while the hospital and Crown sought a continuation of the detention order.

The Board accepted expert evidence that the accused remained a significant threat to public safety due to ongoing symptoms of schizophrenia, substance use risk, lack of insight, and recent aggressive behaviour in the hospital.

The Board ordered the continuation of the detention order, finding that a conditional discharge would not adequately manage the risk to the public.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for violent offences due to schizophrenia.

The accused had a positive reporting year, transitioning well to community housing and remaining compliant with his medication.

The Board accepted the joint position of the parties and the clinical team that the accused remains a significant threat to public safety.

The Board ordered a conditional discharge with conditions, including a transfer to the jurisdiction of the Quebec Review Board to allow the accused to be closer to his family.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assaulting and attempting to disarm police officers.

The accused, diagnosed with schizophrenia, had made significant progress over the reporting year while residing in a 24-hour supervised high-support accommodation.

The Board accepted the joint position of the parties and the hospital's recommendation that the accused remains a significant threat to public safety.

The Board ordered a conditional discharge with conditions, including a requirement to reside at the specific high-support housing and a weapons prohibition.

The accused, previously found not criminally responsible for various offences including dangerous operation of a motor vehicle and assault, appeared before the Ontario Review Board for an annual hearing.

The Board accepted a joint submission from the parties that a Conditional Discharge with a residence clause was the least onerous and least restrictive disposition.

The accused had been living in the community without incident, maintaining employment, and remaining abstinent from substances.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for robbery and other offences.

The accused sought an absolute discharge, while the hospital and the Attorney General sought a continuation of the existing detention order.

The Board found that the accused continues to pose a significant threat to the safety of the public due to his lack of insight into his schizoaffective disorder, history of medication non-compliance, and ongoing struggles with substance abuse.

The Board ordered the continuation of the detention order with the addition of a weapons prohibition.

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

The hospital and Crown supported continuing the current disposition, which included residing in 24-hour supervised accommodation, and the accused's counsel agreed, conceding significant threat.

The Board accepted the joint submission, noting the accused's limited behavioural progress and ongoing plans to find community housing, and ordered a continued Detention Order.

The Ontario Review Board held a hearing to review a restriction of the accused's liberty following his admission to the hospital after an assault in the community.

The accused, who has Autism Spectrum Disorder, exhibited violent behaviour triggered by sensory sensitivities and changes in routine.

The Board found that the restriction of liberty from October 30, 2024, to December 3, 2024, was significant but necessary and appropriate to manage his risk to public safety, and commended the treatment team for subsequently discharging him back to his family with increased supports.

The Ontario Review Board held an initial disposition hearing for the accused, who was found not criminally responsible for two counts of attempted murder.

The Board accepted the hospital's risk assessment that the accused remains a significant threat to public safety but that this risk can be managed in the community.

The Board ordered a conditional discharge, requiring the accused to reside at his family home and abide by a no-contact order, but declined to impose mandatory urine screens or a consent to treatment clause.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for assault and sexual assault.

The hospital, the Attorney General, and the accused jointly submitted that the accused remains a significant threat to public safety and should remain subject to a Detention Order at the General Forensic Unit.

The Board accepted the joint submission, noting the accused's progress with medication but highlighting the need for further investigation into his psychopathy score and sexually inappropriate behaviours.

The Detention Order was maintained.

The accused was found not criminally responsible for assault and assault causing bodily harm and was remitted to the Ontario Review Board.

At the initial hearing, the parties jointly submitted that the accused continues to represent a significant threat to the safety of the public due to ongoing psychotic symptoms from schizophrenia or schizoaffective disorder.

The Board accepted the joint submission and ordered a detention order on a general forensic unit with privileges, noting the need for further treatment, medication optimization, and diagnostic clarification.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assault and attempt kidnapping.

The accused, diagnosed with Delusional Disorder, remains stable in the community but continues to hold fixed delusional beliefs and intends to stop his antipsychotic medication once no longer under the Board's jurisdiction.

The Board found that the accused continues to pose a significant threat to public safety.

The Board ordered that the accused remain subject to his existing conditional discharge, but reduced his minimum reporting requirement to once every three months.

The Ontario Review Board conducted a mandatory hearing to review a restriction of liberty for an accused found not criminally responsible.

The accused had been evicted from his high-support community residence due to rule-breaking and aggressive behaviour, resulting in his readmission to the hospital.

Applying the Campbell framework, the Board found that a significant restriction of liberty had occurred.

However, given the lack of available alternative high-support accommodation and the accused's ongoing symptoms, the Board concluded that the restriction was necessary, appropriate, and the least onerous option available to ensure public safety.

The Ontario Review Board considered whether it has jurisdiction to review a hospital's decision to place a Not Criminally Responsible (NCR) accused in locked seclusion for more than seven days.

The hospital argued that seclusion is authorized by the Mental Health Act and common law, not by authority delegated by the Board, and thus falls outside the Board's review jurisdiction.

The Board rejected this argument, holding that the authority to seclude an NCR accused flows from Part XX.1 of the Criminal Code and operates in harmony with provincial legislation.

The Board concluded that seclusion constitutes a significant restriction on liberty and is subject to mandatory notice and review by the Board.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for the abduction of a person under 14 years of age.

The accused, who suffers from treatment-resistant schizophrenia, had been residing at the Centre for Addiction and Mental Health.

The parties jointly recommended the continuation of the current detention order.

The Board found that the accused remains a significant threat to the safety of the public, noting that medication noncompliance or a lack of support could lead to a relapse of psychotic symptoms and an increased risk of violence.

The Board ordered the continuation of the detention order to ensure the hospital retains the authority to manage her transition to community living.