The appellant, who was found not criminally responsible (NCR) and detained at CAMH, appealed a Review Board disposition continuing his detention despite being designated as alternate level of care.
The appellant proposed a conditional discharge with a Young clause and treatment compliance conditions, or alternatively, living with family due to a lack of community housing.
The Court of Appeal allowed the appeal, finding the Board failed to properly consider the proposed safeguards, did not adequately inquire into family accommodation, and based its risk assessment on speculative concerns and unsupported assumptions.
The Court also overturned its previous decision in Negash regarding the enforceability of hospital readmission under section 672.93(2) of the Criminal Code.
The matter was remitted for a new hearing.
