The appellant appealed a disposition of the Ontario Review Board ordering his continued detention at a psychiatric hospital with privileges to live in approved community accommodation.
He argued the Board erred by refusing disclosure of materials from his original NCR hearing and by failing to order an absolute or conditional discharge.
The Court of Appeal dismissed the appeal, finding the Board had no jurisdiction to review the NCR hearing's procedural fairness.
The Court also held the Board's refusal to grant a discharge was reasonable, as evidence supported the finding that the appellant continued to pose a significant risk to the community and required hospital boundaries to maintain stability.