Michele Warner

The appellant, who was found not criminally responsible (NCR) and detained at CAMH, appealed a Review Board disposition continuing his detention despite being designated as alternate level of care.

The appellant proposed a conditional discharge with a Young clause and treatment compliance conditions, or alternatively, living with family due to a lack of community housing.

The Court of Appeal allowed the appeal, finding the Board failed to properly consider the proposed safeguards, did not adequately inquire into family accommodation, and based its risk assessment on speculative concerns and unsupported assumptions.

The Court also overturned its previous decision in Negash regarding the enforceability of hospital readmission under section 672.93(2) of the Criminal Code.

The matter was remitted for a new hearing.

The applicant, who was found not criminally responsible, brought an application for a writ of habeas corpus with mandamus in aid to review his detention at Waypoint Centre for Mental Health Care and order his immediate transfer to the Centre for Addiction and Mental Health (CAMH).

The Ontario Review Board had ordered his transfer to CAMH 'forthwith', but he had been waiting seven months due to a shortage of secure forensic beds.

The Superior Court of Justice dismissed the application, finding that the applicant had not established a deprivation of liberty caused specifically by the delay, and that the ORB order provided lawful authority for his continued interim detention at Waypoint until a bed became available at CAMH.

In a criminal bribery prosecution, the appellant international financial organization challenged a third party production order and subpoenas issued in support of a Garofoli wiretap challenge.

The Court held that archival and personnel immunities under the Bretton Woods and Related Agreements Act applied to records and investigators of the organization’s integrity unit, and no waiver was established.

The Court further held that, in the Garofoli context, third party production requires a reasonable likelihood of probative value to the affiant-knowledge issues, not broad relevance to trial truth.

Because that threshold was not met, the production order was set aside.