The appellant, who was previously found not criminally responsible (NCR), appealed a disposition of the Ontario Review Board continuing his detention at a psychiatric hospital.
The amicus curiae argued the Board erred by failing to appoint counsel for the unrepresented appellant under s. 672.5(8) of the Criminal Code or by failing to provide adequate assistance during the hearing.
The Court of Appeal dismissed the appeal, finding that the Board properly considered whether the interests of justice required appointing counsel and reasonably concluded the appellant could participate fairly.
The Court also held that the Board's decision to continue the appellant's detention was reasonable and supported by evidence of his lack of insight, substance abuse history, and risk of violence.
