Nicola C. Circelli

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

The accused suffers from Schizophrenia and a personality change due to a traumatic brain injury, which contributed to sexually inappropriate behaviours.

The Board accepted the joint submission of the parties, finding that the accused remains a significant threat to public safety.

The Board ordered a Detention Order with privileges up to community living, noting that the accused's symptoms are well-controlled when compliant with hormone suppressant and antipsychotic medications.

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

The accused, diagnosed with schizoaffective disorder and substance use disorder, was living in the community under a detention disposition.

The parties jointly submitted that the accused remained a significant threat to public safety but recommended removing the substance abstention condition to test his internal motivation to abstain, coupled with increased reporting.

The Board accepted the joint submission, finding that the accused's history of decompensation linked to cannabis use required ongoing oversight, but agreed to remove the abstention clause while maintaining the detention disposition and increasing reporting frequency.

The Ontario Review Board conducted a mandatory annual review of the accused, who was previously found not criminally responsible for assault.

The accused, diagnosed with treatment-resistant schizophrenia and a substance use disorder, had recently transitioned to a community group home but was found to have used cannabis undetected.

The Board concluded that the accused continues to represent a significant threat to the safety of the public due to the risk of decompensation and violence if unsupervised.

The Board ordered the continuation of the Detention Order as the least onerous and least restrictive disposition.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment and breach of recognizance.

The hospital, supported by all parties, recommended an absolute discharge, noting the accused's chronic but stable mental illness is well-managed in the community with the support of an Assertive Community Treatment (ACT) team and an imminent Community Treatment Order.

Applying the Winko test, the Board concluded the accused no longer poses a significant threat to public safety and granted an absolute discharge.

The Ontario Review Board conducted a mandatory review of the accused's disposition.

The accused had been found not criminally responsible for offences including assaulting a peace officer causing bodily harm.

The Board found that the accused, who suffers from schizophrenia and a substance use disorder, continues to represent a significant threat to the safety of the public.

The Board ordered that the accused remain subject to a Detention Order, but expanded his privileges to include 36-hour community passes and the opportunity for supervised community living, as jointly recommended by the parties.

The Ontario Review Board held an annual hearing for the accused, who was previously found not criminally responsible for second-degree murder.

The accused continues to suffer from schizophrenia and a substance use disorder, remains symptomatic, and is not yet well enough to participate in therapy.

Based on a joint submission and psychiatric evidence, the Board concluded that the accused continues to pose a significant threat to the safety of the public and maintained the current detention order with privileges.

The accused was found unfit to stand trial on charges including sexual assault and resisting a peace officer.

The Ontario Review Board held a hearing to determine his fitness and appropriate disposition.

The Board found that while his symptoms were improving with clozapine, he remained unfit to stand trial due to thought disorganization and rigid thinking that impaired his ability to meaningfully participate in a complex sexual assault trial.

The Board ordered a detention disposition with privileges, as his medication was not yet optimized and he lacked community support.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for manslaughter.

The accused, diagnosed with schizophrenia, was subject to a detention order at a forensic mental health centre.

Based on a joint submission and uncontroverted expert psychiatric evidence, the Board found that the accused continues to experience positive symptoms of his illness and remains a significant threat to public safety.

The Board ordered the continuation of the detention order with the addition of indirectly supervised community passes to assist with his reintegration.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for violent offences including assault with a weapon.

The accused, diagnosed with chronic schizophrenia, had recently experienced a brief readmission to hospital due to escalating symptoms and continues to lack insight into his illness and the index offences.

Relying on uncontroverted expert psychiatric evidence, the Board concluded that the accused remains a significant threat to public safety and ordered the continuation of his detention order at the forensic mental health facility.

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

The accused, diagnosed with schizophrenia and substance use disorder, had experienced relapses into substance use while in the community.

Relying on uncontroverted expert evidence and a joint submission, the Board found the accused remains a significant threat to public safety due to a lack of insight and risk of decompensation if unsupervised.

The Board ordered the continuation of a Detention Order, modified to permit the accused to live in supervised accommodation approved by the hospital.

The applicants sought judicial review of an Ontario Labour Relations Board decision declaring them to be a single employer bound by a collective agreement and liable for damages.

The applicants argued procedural unfairness and challenged the Board's earlier certification and grievance decisions.

The Divisional Court dismissed the application, finding it to be an improper collateral attack on previous Board decisions.

The Court held that the Board's procedures were fair and its calculation of damages, based on established principles for breaches of union security provisions in the construction industry, was reasonable.