S. Frenette

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for aggravated assault.

The accused, who has schizophrenia and substance use disorders, had several notable incidents of substance use and unauthorized absences in the past year.

Relying on uncontroverted expert psychiatric evidence, the Board found the accused continues to represent a significant threat to public safety.

The Board ordered the continuation of a Detention Order but amended the privileges to allow the accused to live in accommodation approved by the person in charge, rather than strictly supervised accommodation, to encourage gradual reintegration.

The Ontario Review Board conducted an annual review for an 86-year-old accused charged with manslaughter who suffers from progressive dementia.

The Board found the accused permanently unfit to stand trial, as she was unable to understand the proceedings or communicate with counsel.

Relying on expert evidence that her mobility had decreased and she had exhibited no aggressive behaviour for over a year, the Board concluded she no longer posed a significant threat to public safety.

The Board recommended the matter be returned to court to determine whether a stay of proceedings should be ordered.

The Ontario Review Board held an initial disposition hearing for an accused found unfit to stand trial on charges of committing indecent acts.

The assessing psychiatrist testified that the accused had become fit following medication optimization.

However, the Board rejected this opinion, finding the assessment inadequate and noting defense counsel's inability to meaningfully communicate with the accused.

The Board concluded the accused remained unfit to stand trial and ordered a Detention Order at the hospital, with privileges to live in the community to facilitate housing waitlists.

The Ontario Review Board held an annual hearing for an accused found not criminally responsible for criminal harassment.

The accused, who has mild intellectual disability and bipolar disorder, experienced a lengthy hospitalization during the reporting year due to medication non-adherence and manic episodes involving aggressive behaviour.

The Board accepted the joint submission of the parties and the expert evidence of the hospital representative, finding that the accused continues to pose a significant threat to public safety.

A continuation of the current Detention Order Disposition was deemed necessary and appropriate.

The Ontario Review Board held an annual review hearing for the accused, who was previously found unfit to stand trial on charges of assault.

The Board accepted the hospital's evidence that the accused remains unfit to stand trial due to a substance-induced major neurocognitive disorder and requires a high degree of supervision.

The Board ordered the continuation of the Detention Order, finding it necessary and appropriate for public safety and the accused's mental condition.

The Ontario Review Board conducted an annual review of the accused's disposition.

The accused had previously been found unfit to stand trial on charges of sexual assault and forcible confinement.

Based on the hospital report and psychiatric evidence indicating severe cognitive deficits and memory loss, the Board found that the accused remains unfit to stand trial.

The Board ordered the continuation of the existing detention order at the Secure Forensic Unit, with privileges including supervised community accommodation.

The accused, previously found not criminally responsible for criminal harassment, appeared before the Ontario Review Board for her mandatory annual hearing.

The hospital, the Attorney General, and the accused jointly submitted that she remains a significant threat to public safety and that her current detention disposition should continue.

The Board accepted the joint submission, relying on expert psychiatric evidence that the accused's limited cognitive capacity and lack of insight into her illness pose a real risk of harm, particularly when she is non-compliant with medication.

The Board ordered the continuation of the detention disposition on the same terms.

The Ontario Review Board conducted an annual review and a restriction of liberty hearing for an accused found not criminally responsible for various offences.

The accused, diagnosed with schizophrenia and substance use disorders, had repeatedly breached conditions, used intoxicating substances, and taken unauthorized leaves of absence from the hospital.

The Board accepted expert psychiatric evidence that the accused lacks insight into his illness and remains a significant threat to public safety.

The Board ordered the continuation of the detention disposition and found that the recent restriction of the accused's liberty was necessary, reasonable, and warranted.

The Ontario Review Board conducted an annual review of the accused's disposition following a finding of not criminally responsible for aggravated assault.

The parties jointly recommended a continuation of the Detention Order with a new travel pass to Northern Ontario.

During the hearing, the hospital requested that the community living clause be changed from 'supervised accommodation' to 'approved accommodation'.

The Board rejected this late request, finding that the accused remains a significant threat to public safety and requires supervised accommodation, but granted the travel pass subject to prior approval.