2 total
NCR accused found to be a significant threat; Conditional Discharge ordered with long-term care residence condition.
The 86-year-old accused was found not criminally responsible for arson and appeared before the Ontario Review Board for an initial disposition hearing.
The Board accepted uncontroverted expert evidence that the accused suffers from a neurocognitive disorder with psychotic features and remains a significant threat to public safety due to his risk of psychotic exacerbation and limited insight.
Applying the principle of minimal intrusion, the Board ordered a Conditional Discharge with conditions requiring the accused to reside at a long-term care facility and refrain from possessing incendiary devices.
Restriction of liberty during planned hospital readmission for medication adjustment found warranted and appropriate.
The hospital requested a hearing under s. 672.81(2.1) of the Criminal Code to review a restriction of the accused's liberties after he was readmitted to the hospital from the community for a planned medication adjustment.
The accused, who was previously found not criminally responsible for assault, agreed to the admission to taper his clozapine dosage while his mental status was monitored.
The Review Board found that the restriction of liberty was significant but warranted, appropriate, and represented the least onerous and restrictive conditions for the accused.