ORB 2025

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

The Board found that the accused remains a significant threat to the safety of the public due to his history of substance abuse and risk of relapse, despite maintaining sobriety for the past year.

The Board ordered the continuation of his detention order at the hospital, with a modification to his privileges allowing for indirectly supervised passes of up to 7 days in the community to facilitate his upcoming transition to a supervised group home.

The accused, who was found not criminally responsible on account of mental disorder for sexual assault and an indecent act, appeared before the Ontario Review Board for an annual review hearing.

The accused has a diagnosis of treatment-resistant schizophrenia and a history of non-compliance with medication, which has led to violent and sexually dysregulated behaviour in the community.

The Board found that the accused continues to pose a significant threat to the safety of the public due to his undertreated psychotic symptoms and limited insight.

The Board ordered that the accused be subject to a Detention Order at the secure forensic unit, with conditions allowing for gradual privileges as his psychiatric stability improves.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for assault and uttering threats.

The hospital and the accused submitted that he no longer posed a significant threat to public safety, noting his three years of sobriety, stable mental state, and strong community support.

The Crown ultimately agreed.

Applying the Winko test, the Board found that the accused no longer posed a significant threat to public safety and ordered an absolute discharge.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for uttering threats and criminal harassment.

The accused requested a transfer from a high-security hospital to a less secure facility.

Relying on uncontroverted expert psychiatric evidence, the Board found that the accused continues to pose a significant threat to public safety due to high psychopathy, impression management, and risk of decompensation if exposed to substances.

The Board ordered the accused's continued detention at the high-security facility with a minor amendment allowing escorted access to hospital grounds.

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 Ontario Review Board held an annual review hearing for an accused found not criminally responsible for assaulting a peace officer.

The accused suffers from schizophrenia, substance use disorders, and a traumatic brain injury, and requires ongoing seclusion due to violent behaviour.

The Board accepted the uncontroverted evidence of the treating psychiatrist that the accused continues to pose a significant threat to public safety.

The Board ordered a continued Detention Disposition with privileges and directed the preparation of a Gladue Report for the next annual hearing.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for criminal harassment, indecent acts, and assault causing bodily harm.

The hospital, Crown, and accused jointly submitted that the accused remained a significant threat to public safety but had made sufficient progress to warrant a transfer from a high secure to a medium secure facility.

The Board accepted the uncontroverted evidence of the treating psychiatrist that the accused's risk could be managed at a medium secure hospital.

The Board ordered the accused's detention at St. Joseph's Healthcare Hamilton with escorted hospital and grounds privileges.

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

The accused, who was found not criminally responsible for aggravated assault, sought a conditional discharge and a transfer to another hospital.

The Board found that the accused continues to represent a significant threat to public safety due to her schizophrenia, substance use history, and lack of insight.

The Board ordered the continuation of her detention at the current hospital, concluding that a transfer would be counterproductive to her rehabilitation and reintegration.

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

The hospital and the Attorney General recommended maintaining the current detention disposition at a high secure facility, while the accused sought a transfer to a medium security facility.

Relying on uncontroverted psychiatric evidence that the accused remained volatile, frequently non-compliant with medication, and lacked insight, the Board found he continued to pose a significant threat to public safety.

The Board ordered his continued detention at the Waypoint Centre for Mental Health Care with no changes to his privileges.

The accused was previously found unfit to stand trial on charges including being unlawfully in a dwelling and failing to comply with an undertaking.

The hospital requested an early hearing, asserting that the accused was now fit.

The Ontario Review Board heard evidence from the treating psychiatrist that the accused's condition had improved due to medication optimization and the use of visual cues.

The Board accepted the joint submission of the parties, finding that the accused had a reality-based understanding of the proceedings and was able to instruct counsel.

The Board concluded that the accused was fit to stand trial and ordered his return to court.

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

The accused, diagnosed with schizophrenia, had been living in a supervised community residence and remained medication compliant.

The Board accepted the joint recommendation of the parties, finding that the accused remained a significant threat to public safety due to his history of severe violence while experiencing command hallucinations and prior medication non-compliance.

The Board ordered the continuation of the current detention order to ensure close monitoring and medication administration.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for three counts of first-degree murder due to schizophrenia.

The hospital and the Crown recommended a continued detention order with reduced reporting requirements and the removal of substance testing conditions, to which the accused consented.

The Board found that the accused continues to pose a significant threat to public safety due to his treatment-resistant illness and risk of rapid decompensation.

The Board ordered continued detention with the recommended changes to allow for gradual community reintegration.

The accused was found not criminally responsible on account of mental disorder for first-degree murder and designated a high-risk accused.

At his initial disposition hearing, the Ontario Review Board found he remained a significant threat to public safety due to schizophrenia and polysubstance use disorder.

The Board ordered his detention at a secure forensic hospital.

The Board rejected a joint submission to allow unescorted hospital grounds privileges, finding that the unsecured grounds were not part of the 'hospital' under s. 672.64(3) of the Criminal Code, and unescorted access would endanger the public.

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

The accused, who has bipolar disorder and substance use disorders, had previously been readmitted to the hospital after unilaterally stopping his antipsychotic medication.

However, he subsequently stabilized, gained insight into his need for medication, and maintained abstinence from substances.

The Board accepted the joint recommendation of the parties, finding that while the accused remains a significant threat to public safety, a conditional discharge is the necessary and appropriate disposition.

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

The accused suffers from schizophrenia and substance use disorders, which have historically led to rapid decompensation and increased risk to the public when he uses substances.

Despite recent positive progress and engagement with his treatment team, the Board accepted the joint submission that the accused continues to pose a significant threat to the safety of the public.

The Board concluded that a continued detention disposition at the hospital, with existing privileges and conditions, remains necessary and appropriate to manage his risk and support his ongoing rehabilitation.

The accused was previously found unfit to stand trial on a charge of aggravated assault.

At his initial Ontario Review Board hearing, the hospital and the Crown submitted that the accused was now fit to stand trial and sought a keep fit order detaining him in hospital pending his return to court.

The accused agreed he was fit but opposed the keep fit order.

The Board found the accused fit to stand trial, noting his ability to answer the Taylor test questions and understand the proceedings.

Given his history of fluctuating fitness and the stabilizing effect of the hospital environment, the Board ordered that he be sent back to court without delay and remain subject to the Warrant of Committal in hospital to maintain his fitness.

The Ontario Review Board conducted an annual review and a restriction of liberty hearing for an accused found not criminally responsible for assault.

The accused, diagnosed with schizophrenia, had his liberty restricted after failing to take his medication, requiring hospitalization to re-titrate his clozapine dosage.

The Board found that the accused continues to represent a significant threat to the safety of the public and ordered a continued Detention Disposition.

The Board also found that the hospital's restriction of the accused's liberty was warranted, necessary, and appropriate.

The Ontario Review Board conducted an annual review of the disposition for the accused, who was found not guilty by reason of insanity on a charge of sexual assault.

The accused has schizophrenia and a history of physical aggression, though his mobility has recently declined.

The Board accepted the unanimous opinion of the treatment team that the accused continues to pose a significant threat to public safety due to cyclical psychotic symptoms.

The Board ordered a continuation of the Detention Disposition at the North Bay Regional Health Centre to provide necessary support and supervision, while maintaining conditions to assist with future placement in a nursing home.

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

The hospital and the Attorney General recommended a conditional discharge, noting the accused's medication compliance and diminished risk, while the accused's counsel sought an absolute discharge.

Applying the Winko threshold, the Board found the accused continues to pose a significant threat to public safety, as he would likely become non-compliant with medication and decompensate without a disposition.

The Board ordered a conditional discharge with a treatment clause under s. 672.55 of the Criminal Code, balancing public safety with the accused's reintegration needs.

The Ontario Review Board held a mandatory annual hearing for an accused previously found unfit to stand trial on a charge of sexual assault.

The accused has diagnoses of schizoaffective disorder and substance-induced major neurocognitive disorder.

The Board accepted the treating psychiatrist's evidence that the accused remains unable to meaningfully participate in court proceedings due to cognitive impairments.

The Board found the accused remains a significant threat to public safety, particularly given his vulnerability to psychotic relapse when using cannabis.

The Board ordered the continuation of the accused's detention order at the hospital with discretionary community privileges.