ORB 2025

The Ontario Review Board conducted an annual review of the accused, who was previously found not criminally responsible for assault with a weapon and other offences.

The accused sought an additional privilege for indirectly supervised community access for up to six hours.

The treating psychiatrist opposed this, citing the accused's slow progress, need for significant support, and risk of violence if triggered.

The Board accepted the psychiatric evidence, found that the accused continues to pose a significant threat to public safety, and ordered the continuation of the existing detention disposition with the same terms and conditions.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for criminal harassment and assault causing bodily harm due to schizoaffective disorder.

The treating psychiatrist testified that the accused is currently symptom-free, compliant with medication, and has strong community support.

The Board accepted the joint submission of the parties, finding that while the accused remains a significant threat to public safety, his risk can be adequately managed in the community.

The Board ordered a Conditional Discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder, assaulting a peace officer, and uttering threats.

The Board found that the accused, who suffers from schizoaffective disorder, continues to pose a significant threat to public safety due to a history of medication non-compliance and the potential for violent recidivism if untreated.

The Board ordered the continuation of the Detention Order with amended privileges, including indirectly supervised passes into the community of Southern Ontario for up to 48 hours, and broadened the geographic restriction around family members to 500 metres.

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

The accused had suffered a severe traumatic brain injury prior to the index offence, which likely precipitated a psychotic episode.

The Board found that the accused has been stable, medication adherent, and supported by his family and community services.

Applying the threshold from Winko, the Board concluded that the accused no longer represents a significant threat to the safety of the public and ordered an absolute discharge.

The accused, who was previously found not criminally responsible for assault causing bodily harm, was detained at a psychiatric hospital.

After testing positive for cocaine in breach of his disposition, the hospital significantly restricted his privileges.

The Ontario Review Board held a hearing to review the restriction of liberty.

The Board found that the restriction was necessary, appropriate, and the least onerous option to manage the increased risk of psychosis and harm to others caused by the accused's substance use.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for assault charges.

The accused, diagnosed with treatment-resistant schizophrenia, experienced a recent decline in mental state following the deaths of his parents.

The Board accepted the joint submission of the parties, supported by the treating psychiatrist's evidence, that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the accused's detention at the hospital, while expanding his indirectly supervised privileges to the hospital's broader catchment area.

The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.

The accused was previously found not criminally responsible for aggravated assault and weapons offences due to schizophrenia.

The Board found that the accused continues to pose a significant threat to the safety of the public, but noted her ongoing stability, abstinence from cannabis, and engagement with treatment.

The Board ordered a conditional discharge with conditions including residence requirements, reporting, and random urine drug screens.

The Ontario Review Board conducted an annual review of the accused's conditional discharge.

The accused, who was found not criminally responsible for assault and forcible confinement, is diagnosed with schizoaffective disorder.

The Board accepted the joint submission and the uncontroverted psychiatric evidence that the accused remains a significant threat to public safety due to his vulnerability to stress and risk of medication non-adherence.

The Board ordered the continuation of the conditional discharge with the existing terms and conditions.

The Ontario Review Board held a mandatory annual review for an accused found not criminally responsible for failure to comply with release orders, mischief, and criminal harassment.

The accused suffers from bipolar disorder and severe alcohol use disorder.

The Board accepted the treating psychiatrist's evidence that the accused has limited insight into his alcohol use and its connection to his risk.

The Board found the accused continues to pose a significant threat to public safety and ordered his continued detention at the hospital, while amending his disposition to expand the geographical area for potential community accommodation and to allow escorted passes to his home.

The Ontario Review Board conducted an annual review for an accused previously found unfit to stand trial on an assault charge.

The accused, who suffers from severe mental retardation and Down Syndrome, did not attend the hearing.

Based on psychiatric evidence, the Board found that the accused remains permanently unfit to stand trial as she lacks the cognitive capacity to instruct counsel or understand the proceedings.

The Board also concluded that the accused continues to pose a significant threat to public safety, requiring a highly supervised group home setting.

The Board ordered the continuation of the existing conditional discharge disposition.

The accused was found not criminally responsible for attempted murder and aggravated assault.

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

The Board found that the accused poses a significant threat to the safety of the public, citing the gravity of the index offences, a concurrent second-degree murder conviction, and a history of severe substance abuse triggering psychotic episodes.

The Board ordered a detention order with limited privileges for medical, dental, legal, and compassionate purposes, along with conditions including a weapons prohibition and abstention from substances.

The Ontario Review Board convened a hearing under s. 672.81(2.1) of the Criminal Code to review the hospital's decision to readmit the NCR accused from his community residence, significantly increasing the restrictions on his liberty.

The accused's physical and mental health had precipitously declined, leading to verbal aggression and respiratory failure.

The Board found that the hospital's decision to readmit the accused was necessary and appropriate to manage his risk to public safety and provide necessary care.

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

The accused, who was previously found not criminally responsible for various offences including aggravated assault, is currently subject to a detention order at a psychiatric hospital.

The accused requested an amendment to his disposition to allow for the use of cannabis from a government-authorized retailer.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his brittle schizophrenia, history of non-adherence with medication, and vulnerability to substance use.

The Board concluded that allowing cannabis use would not be a good risk management strategy and ordered no change to the current detention disposition.

The accused was previously found not criminally responsible for arson and mischief.

At her annual review hearing, the Ontario Review Board considered whether she continued to pose a significant threat to public safety.

Relying on uncontradicted expert psychiatric evidence that the accused was asymptomatic, compliant with treatment, and assessed at a low risk of violent re-offending, the Board found she no longer posed a significant threat.

The Board granted an absolute discharge.

The Ontario Review Board held an annual hearing for an accused previously found not criminally responsible for property offences and diagnosed with schizoaffective disorder.

The accused had been residing in the community under a conditional discharge, demonstrating medication compliance, stability, and insight into his illness.

Supported by a joint recommendation from the hospital, the Attorney General, and amicus curiae, the Board applied the Winko test and concluded the accused no longer posed a significant threat to public safety.

An absolute discharge was granted pursuant to s. 672.54(a) of the Criminal Code.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for second-degree murder.

The accused sought an absolute discharge, while the hospital and Attorney General sought a continuation of the existing detention order.

The Board accepted the attending psychiatrist's evidence that the accused requires the intensive supports of the forensic system to maintain stability and abstain from substances.

The Board found that the accused continues to represent a significant threat to the safety of the public and ordered the continuation of the detention order.

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

The accused suffers from schizophrenia and major depressive disorder.

The attending psychiatrist testified that while the accused's trajectory has been positive, he lacks insight and would likely discontinue medication without forensic supports, leading to a reemergence of psychotic symptoms and inappropriate behaviour.

The Board applied the Winko test and found that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order Disposition.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for uttering threats and breach of probation.

The accused, diagnosed with schizophrenia, had successfully transitioned to community living but remained reliant on a strict medication regimen and extensive outpatient support.

The Board found that the accused continues to pose a significant threat to public safety, as he would likely become medication non-adherent and decompensate without the structure of a Detention Order.

The Board ordered the continuation of the existing Detention Order with no changes to its conditions.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused was previously found not criminally responsible for assault with a weapon.

The Board heard uncontroverted expert evidence that while the accused had a stable year and transitioned to independent living, he continues to lack insight and remains a significant threat to public safety.

The Board ordered a Conditional Discharge with conditions, including a requirement to reside at a specified address and a consent to treatment clause.

The accused was found not criminally responsible for aggravated assault after stabbing her partner.

At her initial disposition hearing before the Ontario Review Board, the hospital and Crown sought a Detention Order, while the accused sought a Conditional Discharge.

The Board found that the accused remains a significant threat to public safety due to ongoing psychotic symptoms, mood lability, and a history of medication non-compliance.

The Board concluded that a Detention Order is the least onerous and least restrictive disposition necessary to manage her risk, as the Mental Health Act would be insufficient to ensure her continued treatment and supervision.