S. O’Brien

The Ontario Review Board conducted an annual review of the disposition for an accused found not criminally responsible for first-degree murder.

The accused, diagnosed with schizophrenia, sought a conditional discharge, while the hospital and Attorney General recommended continuing his detention order.

The Board accepted the attending psychiatrist's evidence that the accused remains a significant threat to public safety and requires the structure, supervision, and medication management provided under a detention order.

The Board concluded that a detention order remains the necessary and appropriate disposition and denied the request for a conditional discharge.

The Ontario Review Board held an annual hearing to review the conditional discharge of the accused, who was found not criminally responsible for assault in 2004.

The accused, diagnosed with treatment-resistant schizophrenia, sought an absolute discharge.

The hospital and the Crown argued that he remains a significant threat to public safety and requires continued supervision.

The Board found that the accused lacks insight into his condition, has a history of aggressive behaviour, and would likely stop taking his medication if discharged.

Concluding that the accused remains a significant threat to the safety of the public, the Board ordered the continuation of the current conditional discharge.

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

The hospital and the Crown recommended continuing the detention order with amended conditions for community access and reporting.

The Board found the accused remained a significant threat to public safety due to recent physical assaults, impulsivity, and non-compliance with rules.

The Board ordered the continuation of the detention order with the recommended amendments to manage the risk to public safety.

The accused was found not criminally responsible for attempted murder after stabbing the victim over 40 times while experiencing psychosis.

At the initial Ontario Review Board disposition hearing, the Board considered the accused's diagnoses of schizoaffective disorder and substance use disorders, alongside a history of rapid decompensation and aggression when non-compliant with medication.

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

The Board ordered a detention disposition at the hospital, granting gradual, indirectly supervised community access privileges to support rehabilitation, while imposing a no-contact order and perimeter restrictions regarding the victim.

The hospital requested a Restriction of Liberty hearing after the accused, who was found not criminally responsible for second-degree murder, had his hospital privileges cancelled due to agitation, threats, and an assault on a co-patient.

The accused was subsequently placed in seclusion and then a locked room protocol.

The Ontario Review Board found that the hospital's actions in restricting the accused's liberty, including the withdrawal of privileges and placement in a locked room, were necessary, appropriate, and the least restrictive course of action given his escalating risk, history of violence, and substance use relapse.

The Board noted the hospital's failure to notify it of the increased restrictions but upheld the ongoing restrictions.

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

The accused, diagnosed with Schizoaffective Disorder, had been detained at a forensic psychiatry program.

The Board found that the accused continues to represent a significant threat to public safety due to her fragile mental state, residual symptoms, and history of operating a motor vehicle while psychotic.

The Board ordered the continuation of the detention disposition but granted the added privilege of indirectly supervised access to the community, denying a request for overnight passes.

The accused, previously found not criminally responsible for possession of a weapon for a purpose dangerous to the public peace, was subject to an annual review of his detention disposition.

The Ontario Review Board heard evidence that he suffers from bipolar disorder and cannabis use disorder, and that his mental state remains fragile and prone to rapid decompensation when non-compliant with medication or using cannabis.

The Board found that he continues to pose a significant threat to public safety and ordered the continuation of his detention at the hospital, concluding that a conditional discharge would not adequately manage his risk.

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

The accused, diagnosed with schizophrenia and substance use disorders, had made excellent progress in the hospital and was preparing to transition to supportive housing in the community.

The Board found that the accused continued to represent a significant threat to public safety due to the risk of relapse and medication non-adherence without structured support.

The Board ordered the continuation of the detention disposition but expanded the accused's privileges to allow entering and living in the communities of Southern and/or Southwestern Ontario to support her reintegration and vocational goals.

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

The accused had suffered a severe traumatic brain injury prior to the index offence, which likely precipitated a psychotic episode.

The Board found that the accused has been stable, medication adherent, and supported by his family and community services.

Applying the threshold from Winko, the Board concluded that the accused no longer represents a significant threat to the safety of the public and ordered an absolute discharge.

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

The accused, who was previously found not criminally responsible for various offences including aggravated assault, is currently subject to a detention order at a psychiatric hospital.

The accused requested an amendment to his disposition to allow for the use of cannabis from a government-authorized retailer.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his brittle schizophrenia, history of non-adherence with medication, and vulnerability to substance use.

The Board concluded that allowing cannabis use would not be a good risk management strategy and ordered no change to the current detention disposition.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for attempted murder, assaulting a peace officer, and uttering threats.

The Board found that the accused, who suffers from schizoaffective disorder, continues to pose a significant threat to public safety due to a history of medication non-compliance and the potential for violent recidivism if untreated.

The Board ordered the continuation of the Detention Order with amended privileges, including indirectly supervised passes into the community of Southern Ontario for up to 48 hours, and broadened the geographic restriction around family members to 500 metres.

The accused, who was previously found not criminally responsible for assault causing bodily harm, was detained at a psychiatric hospital.

After testing positive for cocaine in breach of his disposition, the hospital significantly restricted his privileges.

The Ontario Review Board held a hearing to review the restriction of liberty.

The Board found that the restriction was necessary, appropriate, and the least onerous option to manage the increased risk of psychosis and harm to others caused by the accused's substance use.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for second-degree murder.

The accused sought an absolute discharge, while the hospital and Attorney General sought a continuation of the existing detention order.

The Board accepted the attending psychiatrist's evidence that the accused requires the intensive supports of the forensic system to maintain stability and abstain from substances.

The Board found that the accused continues to represent a significant threat to the safety of the public and ordered the continuation of the detention order.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for criminal harassment and other offences.

The accused suffers from schizophrenia and major depressive disorder.

The attending psychiatrist testified that while the accused's trajectory has been positive, he lacks insight and would likely discontinue medication without forensic supports, leading to a reemergence of psychotic symptoms and inappropriate behaviour.

The Board applied the Winko test and found that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing Detention Order Disposition.

The Ontario Review Board held a mandatory annual review hearing for an accused found not criminally responsible for uttering threats and breach of probation.

The accused, diagnosed with schizophrenia, had successfully transitioned to community living but remained reliant on a strict medication regimen and extensive outpatient support.

The Board found that the accused continues to pose a significant threat to public safety, as he would likely become medication non-adherent and decompensate without the structure of a Detention Order.

The Board ordered the continuation of the existing Detention Order with no changes to its conditions.

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

The hospital had readmitted the accused from the community due to decompensation linked to cigarette smoking, which lowered his clozapine levels.

The Board found the readmission was warranted and the least restrictive measure available to manage his risk.

The Board also concluded that the accused continues to pose a significant threat to public safety due to his treatment-refractory schizoaffective disorder, history of medication non-compliance, and risk of rapid decompensation.

A Detention Order was maintained.

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

The Board found that the accused remained a significant threat to public safety due to mood instability, substance use, and risk of violence if unsupervised.

The Board ordered a continuation of the detention order, with a modification to allow the hospital to approve housing in the community that is not necessarily supervised.

The Ontario Review Board held a hearing to review two Restrictions of Liberty (ROL) imposed on the accused, who was previously found not criminally responsible for possession of a weapon for a dangerous purpose.

The hospital restricted the accused's liberties after his mental status significantly deteriorated following a fall, leading to disorganization, paranoia, and aggressive behavior.

The Board found that both the March and April ROLs were warranted, necessary, and represented the least onerous and least restrictive measures to stabilize the accused's mental health.

The Ontario Review Board conducted an annual review of the accused's disposition pursuant to s. 672.81(1) of the Criminal Code.

The accused had previously been found not criminally responsible for uttering threats and assaulting a peace officer.

Based on a joint submission and psychiatric evidence indicating ongoing symptoms of schizophrenia and intellectual disability, the Board found that the accused remained a significant threat to public safety.

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

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

The accused was previously found not criminally responsible for assault and uttering threats.

The parties agreed that the accused remained a significant threat to public safety due to his schizoaffective disorder, history of medication non-adherence, and risk of substance use.

The Board found that the accused required ongoing medication supervision and hospital-approved accommodation to remain stable.

The Board ordered the continuation of the detention order.