The appellant appealed a decision of the Consent and Capacity Board under the Mental Health Act concerning ongoing involuntary detention at a maximum security psychiatric facility.
The appeal raised issues regarding the standard of review, the application of the statutory criteria for detention, and alleged breaches of Charter rights under ss. 7, 9, 11(h), and 12.
During the hearing, the Court of Appeal released its decision in P.S. v. Ontario, which addressed the constitutionality of long-term involuntary committals and the limited powers of the Consent and Capacity Board.
The court held that the appellate ruling fundamentally altered the legal landscape and rendered the issues raised in the appeal moot, as the appellant fell within the class of long-term involuntary patients affected by the constitutional findings in that decision.
