Michele M. Warner

An appeal by an NCR (not criminally responsible) accused against the Ontario Review Board's disposition continuing his conditional discharge.

The appellant sought an absolute discharge, arguing the Board erred in finding he continued to pose a significant risk to public safety.

The appellant had been living unsupervised in the community for over a decade with stable mental health and medication compliance.

The Court of Appeal dismissed the appeal, finding the Board's decision was reasonable based on the appellant's lack of insight into his illness, his history of violence when unmedicated, and concerns that the civil mental health system could not adequately manage the risk of treatment non-compliance.

An appeal under Part XX.1 of the Criminal Code from a disposition of the Ontario Review Board dated April 26, 2018, continuing a conditional discharge for an NCR accused.

The appellant sought an absolute discharge, arguing the Board erred in finding she continues to pose a significant threat to public safety.

The Board's decision was based on the appellant's schizoaffective disorder, substance abuse disorder, history of violence, lack of insight into her mental illness, medication compliance issues, and actuarial risk assessment placing her at moderate-high risk.

The Court of Appeal dismissed the appeal, finding the Board's disposition fell within the range of reasonable outcomes supported by evidence.

The appellant appealed the Ontario Review Board's disposition ordering his detention at the General Forensic Unit of the Centre for Addiction and Mental Health.

The appellant had been found not criminally responsible on impaired driving and assault charges and was diagnosed with Bipolar Affective Disorder and Substance Use Disorders.

The Board issued conflicting reasons: initially a detention order, then reasons supporting a conditional discharge, and finally amended reasons supporting detention.

The Court of Appeal found the conflicting and unexplained reasons rendered the disposition untenable and allowed the appeal, ordering a new hearing before a differently constituted panel within three weeks.

An appeal from two dispositions of the Ontario Review Board concerning a person found not criminally responsible on account of mental disorder.

The appellant challenged the Board's May 23, 2017 conditional discharge order and its August 11, 2017 detention order, arguing both were unreasonable and that the August 11 order resulted from procedural unfairness and reasonable apprehension of bias.

The Court of Appeal dismissed the appeal from the May 23 order as moot and upheld the August 11 detention order, finding it was reasonable based on the appellant's relapse into drug use, violent behavior, and non-compliance with medication and reporting requirements.

An appeal from an Ontario Review Board disposition concerning an individual found not criminally responsible on account of mental disorder.

The appellant sought an absolute discharge after nearly ten years of detention at a psychiatric hospital, while the hospital sought increased security.

The Court of Appeal upheld the Board's finding that the appellant posed a significant risk to public safety based on her history of assaultive behavior, substance abuse, and recent violent incidents.

However, the court found the Board erred by failing to make mandatory its recommendation for independent professional review and a customized treatment plan aimed at eventual community reintegration, given the appellant's prolonged detention without progress and the risk that continued hospitalization may be counter-therapeutic.

An appeal from the Ontario Review Board's disposition denying an absolute discharge to the appellant under Part XX.1 of the Criminal Code.

The appellant argued the Board erred in concluding she posed a significant threat to public safety.

The Court of Appeal upheld the Board's decision, finding it reasonable and supported by evidence including signs of decompensation in the community, lack of insight into her illness and the seriousness of the offences, refusal of recommended medication, and a paranoid belief system.

The Court also found the Board properly applied the least onerous and least restrictive standard in its restriction of liberty review.

An appeal from an Ontario Review Board disposition concerning an NCR accused person's Charter rights.

The appellant sought systemic remedies from the Board for violations of his section 8 Charter right arising from unauthorized seizure of urine samples.

The Board found the Charter violation but declined to grant systemic remedies, determining it lacked jurisdiction to do so.

The Court of Appeal upheld the Board's decision, holding that while the Board has jurisdiction to determine Charter issues and grant individual remedies, it does not have jurisdiction to impose broad systemic or institutional orders.

The Board's mandate is limited to supervising individual NCR accused persons and ensuring their conditions are least onerous and restrictive consistent with public safety.

The appellant appealed a disposition of the Ontario Review Board dated February 6, 2017, challenging the Board's addition of a "24-hour-a-day" supervision requirement to a community accommodation condition.

The appellant contended this requirement was not part of the joint submission made at the hearing.

The Court of Appeal found no merit in the appeal, determining that the hearing transcript clearly showed counsel for the Centre for Addiction and Mental Health had proposed a housing clause specifically including 24-hour staff supervision, which the appellant's counsel had supported.

The Board's disposition therefore accepted the parties' joint submission rather than departing from it.

The appeal was dismissed.

An appeal from a December 14, 2016 Ontario Review Board disposition ordering the detention of a not criminally responsible accused at the General Forensic Unit of the Centre for Addiction and Mental Health.

The appellant, diagnosed with bipolar disorder and substance-use disorder, had committed index offences in 2004 involving robbery and theft.

The Board found the appellant posed a significant threat to public safety due to continued substance abuse and manic symptoms.

The Court of Appeal admitted fresh evidence of post-decision disruptive conduct and upheld the detention order, finding the Board reasonably applied the "significant threat" standard and selected the least restrictive disposition appropriate in the circumstances.

The applicant sought leave to appeal an order dated January 27, 2017, which authorized the interim administration of clozapine under the Health Care Consent Act, pending an appeal from a decision of the Consent and Capacity Board.

The applicant also sought a stay of the interim treatment order if leave was granted.

The court dismissed the motion for leave to appeal, finding that the applicant failed to meet the two-part test under Rule 62.02(4) of the Rules of Civil Procedure.

Specifically, there was no conflicting decision on a matter of principle, nor was there sufficient reason to doubt the correctness of the original order.

The court also noted that the proposed appeal did not involve matters of such importance to warrant leave, particularly given the applicant's strategic decision not to accelerate the main appeal involving constitutional issues.