The appellant, who was found not criminally responsible for uttering threats and failing to comply with probation, appealed a disposition of the Ontario Review Board imposing a detention order with community living privileges.
He argued the ORB applied the wrong legal test and should have granted a conditional discharge.
The Court of Appeal dismissed the appeal, finding the ORB applied the correct test and reasonably concluded that a detention order was necessary to manage the appellant's risk, ensure medication compliance, and allow for expeditious return to the hospital if his condition decompensated.
