Stephen F. Gehl

The appellant appealed a disposition of the Ontario Review Board, arguing that the Board's finding that he remained a significant threat to public safety was unreasonable, and that it erred in refusing to transfer him to a less secure hospital.

The Court of Appeal dismissed the appeal, finding that the Board's conclusions were reasonable and supported by the evidence of the treating psychiatrist and the appellant's history of violence.

The refusal to transfer was also reasonable given the hospital risk assessment indicating the appellant required better symptom control before moving to a less secure environment.

The appellant, who was found Not Criminally Responsible for breach of recognizance and criminal harassment, appealed the Ontario Review Board's decision to continue his conditional discharge.

He argued the finding that he posed a significant threat to public safety was unreasonable and sought an absolute discharge.

The Court of Appeal dismissed the appeal, finding the Board's decision reasonable and supported by evidence, including the appellant's lack of insight, refusal to take medication, and intended cannabis use, which experts testified would increase his risk of physical aggression.

The appellant appealed a disposition of the Ontario Review Board ordering his detention at the Centre for Addiction and Mental Health.

He had previously been granted a conditional discharge but subsequently missed appointments, was hospitalized multiple times, used drugs, and exhibited concerning behaviour.

The Court of Appeal found that the Board's conclusion that the appellant posed a significant risk to public safety was reasonable and owed deference.

The appeal was dismissed.