S. O’Brien

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

The accused had been living in the community successfully and remained stable on medication for bipolar disorder.

All parties agreed that while the accused remained a significant threat to public safety, a detention order was no longer necessary.

The Board ordered a conditional discharge, adopting the hospital's recommended conditions but declining to impose a substance use prohibition as there was no history of substance use disorder.

The Ontario Review Board held a mandatory annual review hearing for an accused previously found not criminally responsible for attempted murder.

The accused, diagnosed with schizophrenia and cannabis use disorder, had been residing in the community under a detention order.

The Board found that the accused continues to pose a significant threat to public safety due to his fragile mental health and limited insight.

However, accepting the joint submission of the parties, the Board concluded that a conditional discharge was the least onerous and least restrictive disposition necessary, as the provisions of the Mental Health Act would be sufficient to manage his risk in the community.

The Ontario Review Board held an annual review hearing for an accused previously found not criminally responsible for attempted murder.

The accused suffers from a complex personality disorder and has a history of substance use.

The Board found that the accused continues to represent a significant threat to the safety of the public due to poor insight, risk of substance-induced psychosis, and ongoing need for monitoring.

The Board ordered the continuation of the current detention order without change to its terms.

The Ontario Review Board held a hearing to determine whether the accused, who had previously been found unfit to stand trial on assault charges, remained unfit.

Based on the uncontradicted evidence of his treating psychiatrist, the Board found that the accused's mental health had significantly improved and he was now fit to stand trial.

The Board directed his return to court and declined to make an order under section 672.49 of the Criminal Code to detain him in the hospital pending his return, finding no reasonable grounds to believe he would become unfit in a correctional facility.

The Ontario Review Board held a mandatory annual hearing to review the conditional discharge of the accused, who was previously found not criminally responsible for mischief and arson.

The accused has schizophrenia and a substance use disorder, both currently in remission.

The treatment team and all parties recommended continuing the conditional discharge but removing the condition requiring abstention from intoxicants, as the accused had been abstinent for five years and compliant with treatment.

The Board found the accused still posed a significant threat to public safety but agreed that the proposed disposition was the least onerous and least restrictive option.

The conditional discharge was continued with the abstention condition removed.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for sexual assault and failing to comply with probation.

The accused sought an absolute discharge, arguing he no longer posed a significant threat to public safety.

The Hospital and Attorney General opposed, recommending a continued conditional discharge with reduced reporting requirements.

The Board found that despite significant progress and five years of substance abstinence, the accused continued to pose a significant threat due to his schizoaffective disorder, lack of a realistic community support plan, and limited insight into his index offences and potential for violence.

The Board ordered a continuation of the conditional discharge but varied the terms to reduce reporting frequency, remove the specific residence requirement, and remove the mandatory medication condition.

The Ontario Review Board held a hearing to review a significant increase in the restrictions on the liberties of an accused found not criminally responsible.

The hospital had placed the accused in seclusion and locked his room after he engaged in an unprovoked, violent attack on a co-patient due to auditory hallucinations.

The Board found that the hospital's actions constituted a significant increase in liberty restrictions, but concluded that the measures were warranted, justified, and represented the least onerous means of managing the accused's risk to public safety.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for mischief and animal cruelty.

The accused, diagnosed with schizophrenia, had a history of non-compliance with medication and violence towards animals.

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

The Board ordered a continuation of the Detention Order with expanded privileges, including the possibility of community living in approved accommodation, noting the accused's recent progress and medication adherence while in the hospital.

The Ontario Review Board held an annual review hearing for the accused, who was previously found not criminally responsible for flight from a peace officer and dangerous operation of a motor vehicle.

The accused has diagnoses of schizophrenia and polysubstance use disorder.

The Board found that the accused continues to represent a significant threat to the safety of the public due to his major mental illness, substance use history, and limited insight.

The Board ordered that the accused remain detained at the hospital with the same privileges as the previous disposition.

The Board also considered whether to order a Gladue Report given the accused's Indigenous heritage, but declined to do so at this time, noting the extensive information already available and the accused's hesitation to participate in the potentially intrusive process.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for various offences.

The accused had been living in an independent apartment, remained abstinent from substances, and complied with his medication regimen.

The hospital, the Attorney General, and the accused jointly submitted that he no longer posed a significant threat to public safety.

The Board agreed, noting the accused's sustained progress, strong family support, and a robust community support plan including a Community Treatment Order.

The accused was granted an absolute discharge.

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

The treatment team and all parties jointly submitted that while the accused continues to pose a significant threat to public safety due to schizophrenia and substance use disorders, his risk could now be managed in the community.

The Board accepted the joint submission, noting the accused's progress, medication adherence, and successful transition to supported housing, and granted a Conditional Discharge subject to conditions including abstaining from intoxicants and residing in supported accommodation.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for uttering threats.

The accused, who has schizophrenia, an intellectual disability, and antisocial personality disorder, had a history of violence and non-compliance.

The Board found that the accused continues to pose a significant threat to public safety.

Accepting a joint submission, the Board ordered the continuation of the Detention Order but granted additional indirectly supervised hospital and grounds privileges, as well as accompanied community passes, to support his gradual rehabilitation.

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

The accused, diagnosed with Schizoaffective Disorder, had a history of unprovoked assaults while detained, including a 2021 assault on his psychiatrist.

The treatment team reported recent stability following a hospital transfer but cautioned that his risk of violence remained high without a structured forensic environment.

The Board found the accused continues to pose a significant threat to public safety.

The Board ordered a continuation of the Detention Order but granted indirectly supervised hospital and grounds privileges as the least onerous and least restrictive disposition, while denying community passes.

The Ontario Review Board conducted a hearing to review the restriction of liberty imposed on the accused, who had previously been found not criminally responsible for assault offences.

The accused was readmitted to the hospital after exhibiting bizarre and grandiose behaviour at his annual hearing and submitting an inappropriate letter, which indicated an increase in his risk to public safety.

The hospital initiated a change in his antipsychotic medication to Clozapine, which required close monitoring due to his specific medical conditions.

The Board concluded that both the initial and ongoing restrictions of liberty were necessary, appropriate, and the least restrictive interventions available to manage his risk and ensure his safety during the medication transition.

The accused was found not criminally responsible (NCR) on charges of break and enter and uttering threats.

The Ontario Review Board held an initial hearing to determine the appropriate disposition.

The Board found that the accused, who suffers from Bipolar 1 Disorder with psychotic features and concurrent substance use disorders, poses a significant threat to public safety.

The Board ordered that the accused be subject to a Detention Order at St. Joseph's Healthcare Hamilton to allow for medication optimization, stabilization, and engagement in therapeutic programming.

The accused, previously found not criminally responsible for mischief, uttering threats, and animal cruelty, appeared before the Ontario Review Board for her annual hearing.

She had successfully transitioned to living in the community, remained asymptomatic, and demonstrated significant progress without antipsychotic medication.

The Board accepted the joint recommendation of the parties and granted a Conditional Discharge.

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

The accused, diagnosed with schizoaffective disorder, had remained stable and compliant with treatment over the past year.

The Board accepted a joint submission to continue the Detention Order with privileges up to living in the community, adding a provision for travel passes up to seven days within Ontario to facilitate hospital-sponsored outings.

The accused, who was previously found not criminally responsible, appeared before the Ontario Review Board for a restriction of liberty hearing.

Following an altercation with a co-resident at his group home, the hospital admitted him, significantly restricting his liberty.

The Board found that the hospital's decision was warranted and represented the least onerous and least restrictive course available, as the accused had nowhere else to live and was dysregulated.

The restriction of liberty was upheld.

The accused, previously found not criminally responsible for assault with a weapon and forcible confinement, appeared before the Ontario Review Board for an early hearing.

He had been diagnosed with Bipolar 1 Disorder and Cannabis Use Disorder.

The hospital, Crown, and accused jointly requested a Conditional Discharge.

The Board accepted the joint position, noting the accused's significant progress, medication adherence, negative urine screens, and strong family support.

A Conditional Discharge with conditions was ordered.

The Ontario Review Board held a hearing to review the restriction of liberty of an accused found not criminally responsible, who was readmitted to the hospital from his community residence.

The readmission followed an incident where the accused became aggressive towards a caregiver attempting to enforce a medication administration protocol.

Applying the Campbell framework, the Board found that the initial restriction of liberty and the subsequent period of hospitalization were warranted and constituted the least restrictive and least onerous intervention in the circumstances.