The appellant, who was previously found NCRMD, appealed a disposition of the Ontario Review Board.
At the outset of his review hearing, the appellant objected to being addressed by his legal name and to the constitution of the Board.
The Chair gave the appellant a five-second ultimatum before cutting off his audio and video feed, proceeding with the hearing in his absence.
The Court of Appeal allowed the appeal, finding that the Chair acted precipitously and failed to exercise the judicial patience and restraint required under section 672.5(10)(b)(i) of the Criminal Code before excluding an accused from a hearing.
