The appellant was found not guilty of second-degree murder by reason of insanity in 1978.
Over the years, he gained increased access to the community but was returned to in-patient status after testing positive for drugs.
The Ontario Review Board ordered his detention with only staff-accompanied access to the community.
The Court of Appeal allowed the appeal, finding the Board erred by shifting the focus from public protection to punishing the appellant for drug use.
The Court held the evidence did not establish the appellant was a significant threat to public safety and ordered an absolute discharge.
