The appellant appealed a disposition of the Ontario Review Board, which found he posed a significant threat to public safety and denied him an absolute discharge.
The hospital and treatment team supported an absolute discharge, noting that while the appellant suffered from schizophrenia, he was not violent and could be managed under the civil mental health system.
The Court of Appeal found the Board's decision unreasonable, as it relied on speculative correlations between drug use, mental illness symptoms, and risk to the public, while ignoring the unique circumstances of the index offence and the appellant's lack of violent history.
The appeal was allowed and an absolute discharge was substituted.
