An appeal from an Ontario Review Board disposition ordering continued detention of an NCR accused at a maximum security forensic psychiatric facility.
The appellant was found not criminally responsible for attempted murder of his former psychiatrist and had been detained since 2006.
The appellant refused to engage in treatment and maintained a negative view of mental health workers.
The Court of Appeal upheld the board's finding that the appellant posed a significant threat to public safety but found that the board erred in failing to recognize a treatment impasse after a decade of no progress.
The court ordered a new hearing to consider an independent assessment and alternative treatment approaches.