Mirnalni Setia

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for various offences including assault with a weapon.

The hospital and the Crown recommended a conditional discharge, while the accused consented to a conditional discharge but also asked the Board to consider an absolute discharge.

The Board found that the accused continues to pose a significant threat to public safety due to his history of violence, personality disorders, and need for ongoing support to transition to the civil mental health system.

The Board ordered a conditional discharge with terms including residing at a specific address, reporting to the hospital, and abstaining from intoxicants.

The accused faced summary conviction charges for drug-impaired operation, refusal to comply with a drug recognition evaluation demand, and breach of probation after police responded to his own 911 report of suspicious activity.

The court held that the arresting officer lacked reasonable and probable grounds to arrest or to issue a DRE demand, and found breaches of ss. 8 and 9 of the Charter.

The body-worn camera evidence did not support an inference of drug consumption or impairment beyond a reasonable doubt, particularly where no drugs or paraphernalia were found and the accused was alert, articulate, and physically steady.

Because the DRE demand was unlawful, refusal to comply with it was not an offence.

The accused was acquitted on all three counts.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for various offences including assault with a weapon.

The Board found that the accused continues to pose a significant threat to public safety due to his complex mental health needs and history of rapid decompensation.

However, noting his positive progress and mental stability, the Board ordered a detention disposition with amended terms allowing him to reside in the community of Eastern Ontario, facilitating a transition to independent living near his family.