S. O’Brien

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for possession of a weapon for a dangerous purpose.

The accused has diagnoses of schizoaffective disorder and antisocial personality disorder, and a history of substance abuse and violent offences.

The Board accepted a joint submission from the parties, finding that the accused continues to represent a significant threat to the safety of the public.

The Board ordered that the accused remain subject to a detention order at the hospital, noting that without such structure, he would likely become non-compliant with medication and decompensate.

The accused, previously found not criminally responsible for aggravated assault, was subject to an annual review by the Ontario Review Board.

The treatment team and all parties agreed that the accused remained a significant threat to public safety but had made positive progress over the past year, including maintaining employment and abstaining from substances.

The Board ordered a Conditional Discharge, adopting the joint position to remove the absolute abstinence condition to allow the accused to demonstrate internal motivation, while maintaining substance testing and other conditions.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for first-degree murder in 1979.

The accused sought indirectly supervised privileges into the community and a community living provision.

The hospital and the Attorney General argued that the accused continues to pose a significant threat to public safety and that the existing Detention Order should be maintained.

The Board found that the accused remains a significant threat due to his schizoaffective disorder, lack of insight, and recent sexually inappropriate behaviours towards hospital staff.

The Board concluded that a continuation of the existing Detention Order without additional privileges was the least onerous and least restrictive disposition necessary to manage the risk.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for flight from a peace officer and dangerous operation of a motor vehicle.

The accused, diagnosed with Schizophrenia and Polysubstance Use Disorder, had remained stable and abstinent from substances during the reporting year but continued to have poor insight into his condition.

The Board accepted the joint position of the parties and the evidence of the attending psychiatrist, finding that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order to allow for a gradual, supervised transition to living in the community with his father.

The accused, who has Autism Spectrum Disorder and an Intellectual Disability, was previously found unfit to stand trial on sexual offences.

The Review Board held a hearing to review his fitness and disposition.

The Board found that the accused remains unfit to stand trial as he cannot meaningfully communicate with counsel or make reality-based decisions.

The Board concluded that the accused continues to pose a significant threat to public safety and ordered the continuation of a Detention Order with modifications to allow for discharge planning and expanded geographic area for community living.

The Ontario Review Board held a mandatory hearing to review the accused's fitness to stand trial and his current disposition.

The accused, who has Autism Spectrum Disorder and an Intellectual Disability, was previously found unfit to stand trial on charges of robbery and assault with a weapon.

Relying on psychiatric evidence, the Board found that the accused remains unfit to stand trial as he lacks a reality-based understanding of the legal proceedings.

The Board ordered the continuation of the existing Detention Order as the least onerous and least restrictive disposition, noting the need for intensive supports during his upcoming transition to specialized community housing.

The accused was found not criminally responsible on account of mental disorder for charges including advocating genocide and willful promotion of hatred after posting over 4,000 antisemitic messages on social media.

At his initial disposition hearing before the Ontario Review Board, the panel found that he continues to represent a significant threat to the safety of the public due to his diagnosis of schizophrenia, pathological anger, and high risk of violent re-offending.

The Board ordered a detention order with discretionary privileges, including the potential for indirectly supervised passes in the community, and imposed strict conditions monitoring his access to the internet and social media.

The accused was found not criminally responsible for breaking and entering and sexual assault.

At the initial Ontario Review Board hearing, the accused was absent and his whereabouts were unknown.

The Board found that the accused, who suffers from Schizoaffective Disorder and Cannabis Use Disorder, represents a significant threat to the safety of the public due to his nonadherence to treatment, ongoing substance use, and recent escalating behaviour involving a knife.

The Board ordered a detention order with discretionary privileges, requiring immediate hospital admission.

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

The accused, who was found not criminally responsible for manslaughter, sought a modification to his detention order to permit limited access to cannabis.

The hospital and the Attorney General opposed the request, arguing that cannabis use exacerbates the accused's psychotic symptoms and that he continues to pose a significant threat to public safety.

The Board accepted the hospital's evidence, finding that unmitigated cannabis use would destabilize the accused's mental state.

The Board concluded that the accused continues to represent a significant threat to the public and ordered the continuation of the detention order with no changes.

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for robbery.

The accused, who suffers from treatment-resistant schizophrenia and substance use disorders, sought a transfer to another hospital and a continuation of his current privileges.

The hospital and the Attorney General opposed the transfer and sought the removal of certain community access privileges.

Relying on uncontroverted expert evidence, the Board found that the accused continues to pose a significant threat to public safety due to his lack of insight, impulsivity, and drug-seeking behaviour.

The Board ordered the continuation of the existing detention order with its current terms, finding them to be the least onerous and restrictive, and denied the transfer request as it offered no therapeutic benefit.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for assault.

The accused requested permission to consume alcohol and cannabis, while the hospital and Crown sought a continuation of the detention order with a new provision for 7-day passes.

The Board found that the accused continues to pose a significant threat to public safety due to his limited insight into his schizophrenia and substance use issues.

The Board continued the detention order with the requested 7-day pass privileges and denied the accused's request to consume substances.

The Ontario Review Board held a mandatory annual review hearing for the accused, who was found not criminally responsible for break and enter, attempt murder, and kidnapping.

The accused, diagnosed with schizophrenia, had previously experienced severe religious delusions and attacked a social worker while attempting to kidnap his sister.

The Board found that the accused remains a significant threat to public safety but noted significant improvements in his condition, insight, and compliance with treatment.

The Board ordered the continuation of the detention order with expanded privileges, including community living and 7-day passes, and removed the conditions prohibiting alcohol consumption and requiring urine testing.

The accused, who was previously found not criminally responsible for second-degree murder, appeared before the Ontario Review Board for a mandatory review of his conditional discharge.

The majority of the Board found that he continues to represent a significant threat to the safety of the public due to his schizophrenia, narcissistic personality traits, and the risk of decompensation under stress.

The Board maintained his conditional discharge but reduced his reporting requirement to not less than once each month.

A dissenting member would have found that he no longer represents a significant threat and granted an absolute discharge.

The accused was found not criminally responsible for sexual assault and referred to the Ontario Review Board for an initial disposition hearing.

The Board found that the accused, who is diagnosed with schizophrenia and sedative use disorder, continues to experience perceptual disturbances and lacks community support.

The Board concluded that the accused poses a significant threat to the safety of the public and ordered a detention order at the hospital with specific privileges and prohibitions, including abstention from intoxicants and a weapons prohibition.

The Ontario Review Board convened to review the restriction of liberties imposed on an accused found not criminally responsible (NCR) for arson.

The hospital had restricted the accused's liberties on two occasions due to ongoing substance use, emotional dysregulation, and a violation of privilege levels.

Applying the Campbell framework, the Board found that the restrictions significantly increased the restriction on the accused's liberty.

However, the Board concluded that the restrictions were necessary, appropriate, and represented the least onerous and least restrictive measures to protect public safety while the accused underwent medication changes.

The Ontario Review Board conducted a mandatory review of the accused's disposition following a finding of not criminally responsible for uttering threats.

The hospital and the Attorney General sought to remove the accused's community living privileges and transfer him to another medium secure facility due to a treatment impasse and escalating behaviour towards staff.

The majority of the Board found that the accused continues to pose a significant threat to public safety and ordered his detention to continue.

However, the majority declined to order a transfer or remove community living privileges, noting the accused's established community supports, housing, and a pending appeal regarding his capacity to consent to treatment.

A dissenting member would have ordered the transfer due to the therapeutic impasse.

The accused was found not criminally responsible for criminal harassment and referred to the Ontario Review Board.

The Board held a disposition hearing to determine if the accused posed a significant threat to public safety.

The accused, diagnosed with Delusional Disorder and Cannabis Use Disorder, was untreated and refused psychotropic medication.

The Board accepted the joint recommendation of the parties, finding that the accused remained a significant threat to public safety, particularly regarding psychological harm.

A Detention Order was issued with privileges, including accompanied access to the community, to balance public safety with the accused's reintegration.

The accused was found not criminally responsible for aggravated assault and referred to the Ontario Review Board for an initial disposition hearing.

The accused has a history of severe psychotic symptoms, medication non-compliance, and serious violent offences, including a prior homicide in Scotland.

The Board unanimously found that the accused remains a significant threat to public safety and ordered a Detention Order.

The panel split on privileges, with the majority granting passes to enter the community indirectly supervised, while the dissenting member found such passes premature given the accused's history of concealing medication non-adherence.

The accused, previously found not criminally responsible for sexual assault and assault with a weapon, appeared before the Ontario Review Board for an annual disposition review.

The hospital and the accused sought an absolute discharge, while the Attorney General sought a conditional discharge.

The Board found that the accused had not displayed psychotic symptoms in ten years, had been abstinent from substances since 2022, and had strong community support.

Applying the test from Winko, the Board concluded the accused no longer posed a significant threat to public safety and granted an absolute discharge.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for several driving and assault offences.

The accused, diagnosed with schizoaffective disorder, experienced a recent decline in mental stability and faces significant challenges due to his lack of immigration status in Canada.

The Board accepted the joint recommendation of the parties, finding that the accused remains a significant threat to public safety.

The Board ordered the continuation of the current detention order and supported the parties' plan to pursue an international transfer of the accused to India.