An NCR accused appealed a disposition of the Ontario Review Board that found him to be a significant threat to public safety and ordered his continued detention with community living privileges.
The appellant, a 37-year-old with bipolar disorder and a lengthy criminal history, sought an absolute discharge.
The Board's majority relied on evidence that the appellant's marijuana use was potentially linked to hypomanic symptoms and could lead to a full manic episode, during which he might pose a risk of violent behavior.
The Court of Appeal found the Board's conclusion unreasonable, noting that despite a substantial risk of substance abuse and reoffending, the appellant had not committed an act of violence since 2004 and the Board's concerns were speculative and insufficiently grounded in evidence to meet the high threshold for "significant threat to public safety."
