Suzan E. Frazer

An appeal from the Ontario Review Board's disposition denying an absolute discharge to the appellant under Part XX.1 of the Criminal Code.

The appellant argued the Board erred in concluding she posed a significant threat to public safety.

The Court of Appeal upheld the Board's decision, finding it reasonable and supported by evidence including signs of decompensation in the community, lack of insight into her illness and the seriousness of the offences, refusal of recommended medication, and a paranoid belief system.

The Court also found the Board properly applied the least onerous and least restrictive standard in its restriction of liberty review.

An appeal from an Ontario Review Board disposition ordering detention in hospital rather than conditional discharge for a person found not criminally responsible on a charge of arson.

The appellant argued the Board erred in failing to consider legal mechanisms under the Mental Health Act for managing her condition in the community.

The Court of Appeal upheld the detention order, finding the Board properly considered the appellant's history of decompensation episodes, medication non-compliance, homelessness, and the need for supervised accommodation to monitor medication compliance and manage public safety risks.