Natalie C. MacDonald

The Ontario Review Board held a restriction of liberty hearing after the hospital transferred the accused from a general forensic unit to a secure forensic unit due to decompensation, medication noncompliance, and threatening behaviour.

The Board accepted the hospital's evidence that the transfer was necessary to manage the accused's inappropriate conduct, risk of absconding, and threats.

The Board concluded that the ongoing stay in the secure unit represented the least onerous and least restrictive decision available to the hospital.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for first-degree murder.

The accused sought an absolute discharge, arguing she no longer posed a significant threat to public safety.

The hospital and Crown recommended continuing the conditional discharge, citing her ongoing need for a forensic clinical team, recent substance use, and the gravity of the index offence.

The Board accepted the unanimous clinical evidence that the accused remains a significant threat to public safety and ordered the continuation of the conditional discharge, with the removal of two specific clauses on consent.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for second-degree murder.

The accused, diagnosed with schizophrenia and moderate intellectual disability, had been stable with no acts of violence over the past year.

The hospital, Crown, and accused jointly recommended continuing the detention order with an amendment to increase the duration of indirectly supervised community passes.

The Board accepted the joint recommendation, finding the accused remains a significant threat to public safety, and directed a pre-hearing conference to address housing and passport funding delays.

The Ontario Review Board conducted an initial disposition hearing for the accused, who was found not criminally responsible for violent offences including assault and robbery.

The accused, diagnosed with schizophrenia, lacked insight into his illness and resisted medication.

The Board found the accused remained a significant threat to public safety and ordered his detention in a Secure Forensic Unit, with discretion for the hospital to transfer him to a General Forensic Unit as his condition improves.

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

All parties jointly recommended a continuation of the Detention Order with expanded privileges, including the privilege of living in the community in approved accommodation.

The Board accepted the joint recommendation, finding that the accused remains a significant threat to public safety but has made sufficient progress to warrant community living privileges and expanded community passes.

The Ontario Review Board held an annual review hearing for the accused, who was found not criminally responsible for assaulting a peace officer and failing to comply with probation.

The accused suffers from schizoaffective disorder and multiple substance use disorders.

The Board found that the accused continues to represent a significant threat to the safety of the public due to her major mental illness, personality traits, and history of substance use.

The Board ordered the continuation of the current detention order with minor changes, as jointly recommended by the parties.

The Ontario Review Board held a hearing to review the disposition of the accused, who was previously found not criminally responsible for careless storage of a firearm.

The accused, diagnosed with schizophrenia, sought amendments to his detention order, including the removal of substance testing, removal of a no-contact order, and expansion of his travel privileges.

The Board found that the accused continues to represent a significant threat to public safety due to his lack of insight, minimization of the index offence, and risk of medication non-compliance.

The Board ordered the continuation of the detention order, removed the substance testing requirement, maintained the no-contact order, and slightly expanded the travel radius to accommodate a college graduation.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for criminal harassment.

The accused had been living in the community on a conditional discharge.

Despite recent cocaine use, the treating psychiatrist testified that the accused's psychotic symptoms remained largely in remission and he was compliant with his antipsychotic medication.

The Board applied the test from Winko v British Columbia and found that the evidence did not establish that the accused's substance use resulted in an increased risk to public safety.

The Board concluded the accused no longer represents a significant threat to the safety of the public and ordered an absolute discharge.

The Ontario Review Board held an annual hearing to review the disposition of the accused, who was previously found not criminally responsible for weapons and assault offences.

The accused sought an amendment to his detention order to allow the consumption of alcohol in the presence of approved persons.

The Board found that the accused continues to represent a significant threat to public safety due to his schizoaffective disorder, history of aggression, and limited insight.

Relying on evidence from the treating psychiatrist regarding the disinhibiting effects of alcohol and a past incident of severe intoxication, the Board concluded that the requested amendment would unacceptably increase the risk to the public.

The current detention order was continued without change.

The accused, previously found not criminally responsible for robbery and other offences, was subject to an annual review and a restriction of liberty hearing following his readmission to a secure forensic unit due to substance relapse and mental state changes.

The Ontario Review Board found he continued to pose a significant threat to public safety.

While his readmission to the hospital was deemed necessary and appropriate, his placement in a secure forensic unit was not justified, as it was solely due to bed shortages.

The Board ordered his continued detention but directed his transfer to a general forensic unit.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment and failing to comply with an undertaking.

The accused sought a conditional discharge, while the Hospital and Attorney General recommended continuing the detention order with a travel pass.

The Board found that the accused continues to represent a significant threat to public safety due to schizophrenia, cannabis use disorder, limited insight, and a recent violent incident driven by paranoid beliefs.

The Board ordered the continuation of the detention order, concluding that a conditional discharge was premature and that hospital supervision was necessary to manage the accused's risk.

The accused was found not criminally responsible for attempted murder after stabbing her husband while experiencing command hallucinations.

At the initial disposition hearing, the Ontario Review Board found that the accused, who suffers from a major neurocognitive disorder, continues to represent a significant threat to the safety of the public.

The Board ordered a detention order with accompanied passes, accepting the hospital's evidence that a secure environment is necessary to manage her progressive dementia and assess her needs before any potential discharge to the community.

The Ontario Review Board conducted an annual review of the accused, who was found not criminally responsible for sexual assault in 2009 due to schizoaffective disorder.

The hospital and Crown sought a continuation of his detention order, while the accused sought an absolute or conditional discharge.

The Board found that the accused remains a significant threat to public safety due to his treatment-resistant mental illness, history of medication non-compliance, and ongoing grandiose delusions.

The Board ordered the continuation of his detention order with the same terms, including a provision for his eventual transfer to the Centre for Addiction and Mental Health once community housing is approved.

The hospital requested an early Review Board hearing and a Detention Order for an accused previously found not criminally responsible for assault.

The accused had been on a Conditional Discharge but stopped taking his medication, decompensated, and eloped to Quebec where he was found homeless.

Upon return to the hospital, he was highly oppositional and required a Code White for medication administration.

The Board found that the Conditional Discharge was no longer effective and that a Detention Order was the least restrictive disposition necessary to manage the risk to public safety and ensure stabilization.

The Ontario Review Board held a hearing to determine whether the accused's liberty was significantly restricted when he was admitted to the hospital.

The accused, who is subject to a disposition after being found not criminally responsible, voluntarily presented himself to the hospital due to a deterioration in his mental health.

The Board found that the admission was voluntary and did not constitute a restriction of liberty.

In the alternative, the Board held that any restriction was necessary, appropriate, and the least onerous measure.

The current disposition was maintained.

The Ontario Review Board held an early review hearing for the accused, who was previously found not criminally responsible for mischief and assault charges due to schizophrenia.

The hospital requested the early review, noting the accused's stability and compliance with long-acting injectable antipsychotic medication.

All parties supported an absolute discharge.

The Board applied the Winko test and found that the accused no longer poses a significant threat to the safety of the public, citing his treatment compliance, mental stability, insight, and successful community living.

An absolute discharge was ordered.

The accused was found unfit to stand trial on charges including assault with a weapon and aggravated assault.

The Ontario Review Board held an initial disposition hearing to determine fitness and the appropriate disposition.

Applying the Taylor and Bharwani tests, the Board found the accused remained unfit to stand trial due to an inability to understand the proceedings or meaningfully instruct counsel.

Given the accused's psychotic illness and the serious nature of the index offences, the Board ordered a detention disposition with a weapons prohibition and a no contact order to manage the risk to public safety.

The accused was found not criminally responsible for violent offences including aggravated assault and attempt murder.

At the initial disposition hearing, the Ontario Review Board found that the accused continues to pose a significant threat to public safety due to schizophrenia, cannabis use disorder, and antisocial personality traits.

The Board ordered a detention disposition at the hospital, declining to specify a unit but restricting any future community living placement to 24/7 supervised accommodation approved by the person in charge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for sexual assault.

The accused suffers from schizophrenia or a psychotic disorder due to a traumatic brain injury, and a cannabis abuse disorder.

The Board found that the accused remains a significant threat to public safety, as he would likely discontinue medication and return to substance use if released, leading to command hallucinations and violent behaviour.

The Board ordered a continued Detention Order at Ontario Shores Centre for Mental Health Sciences, noting that a previously requested transfer to CAMH was abandoned by the accused and not supported by sufficient evidence.

The accused, who was previously found not criminally responsible for assault causing bodily harm, was subject to an early review hearing by the Ontario Review Board.

The accused suffers from schizophrenia and substance use disorders, and remains psychotic despite medication.

The Board considered a Gladue report and the joint submission of the parties.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered the continuation of his detention at the hospital with privileges, finding it to be the least onerous and least restrictive disposition.