Tina L. Tom

The accused, who was found not criminally responsible for sexual assault and an indecent act, was detained at a psychiatric hospital.

The hospital placed him in seclusion for twelve days due to escalating psychotic symptoms and aggression, triggering a mandatory restriction of liberty review by the Ontario Review Board.

The Board determined it lacked jurisdiction to review the restriction because, at the time of the seclusion, the hospital was operating under a Court disposition rather than a Board disposition.

Despite the jurisdictional bar, the Board noted that while the initial seclusion was justified, the prolonged twelve-day seclusion was not the least onerous or least restrictive measure available.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for assault and other offences in 2008.

The accused, diagnosed with treatment-resistant schizophrenia and polysubstance use disorder, had recently relapsed with crack cocaine but was otherwise progressing in a transitional housing program.

Accepting the joint submission of the parties and the uncontradicted medical evidence, the Board found the accused continues to represent a significant threat to public safety and ordered the continuation of his conditional discharge.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for sexual assault.

The accused, diagnosed with schizoaffective disorder, was living in the community under a conditional discharge.

The treatment team reported that the accused was doing well, maintaining employment, and complying with treatment, though he continued to require support to manage stressors related to relationships and housing.

All parties jointly submitted that the accused remained a significant threat to public safety but that his risk could be managed in the community.

The Board agreed, finding that the accused remained a significant threat, and ordered the continuation of the conditional discharge on the same terms.

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

The accused, who has a history of substance use disorder and bipolar affective disorder, experienced relapses involving crystal methamphetamine and fentanyl during the reporting period.

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

A continued detention order was issued, with added conditions permitting attendance at a residential substance use recovery program.

The Ontario Review Board held an annual review hearing for Jeremy Anger, who was previously found not criminally responsible for offences including mischief endangering life.

The Board found that Mr. Anger continues to represent a significant threat to public safety due to his history of substance-induced psychosis and emotional regulation difficulties.

Adopting the joint position of the parties and the recommendation of his treating psychiatrist, the Board ordered the continuation of his Detention Order at Providence Care Hospital, with amended conditions and ongoing community living privileges.

The Ontario Review Board held an annual review hearing for an accused found unfit to stand trial on a charge of sexual assault.

The accused, who has severe Autism Spectrum Disorder and profound intellectual disability, resides in a specialized community setting with exclusively male staff to manage his risk of sexual and non-sexual aggression.

The Board found that the accused remains unfit to stand trial, is likely permanently unfit, and continues to pose a significant threat to the safety of the public.

The Board ordered the continuation of his existing detention disposition, noting that a conditional discharge would jeopardize his specialized funding and supervision.

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

The accused, diagnosed with schizophrenia and substance abuse disorders, had made significant progress in a secure hospital setting but had not yet been tested in the community.

The Board accepted the joint position of the parties and the treating psychiatrist that the accused continues to represent a significant threat to public safety.

The Board ordered the continuation of a Detention Order with gradual community reintegration privileges as the least onerous and least restrictive disposition.

The accused, who was found not criminally responsible on account of mental disorder for sexual assault and an indecent act, appeared before the Ontario Review Board for an annual review hearing.

The accused has a diagnosis of treatment-resistant schizophrenia and a history of non-compliance with medication, which has led to violent and sexually dysregulated behaviour in the community.

The Board found that the accused continues to pose a significant threat to the safety of the public due to his undertreated psychotic symptoms and limited insight.

The Board ordered that the accused be subject to a Detention Order at the secure forensic unit, with conditions allowing for gradual privileges as his psychiatric stability improves.

The accused was found not criminally responsible on account of mental disorder for firearms offences following a standoff with police while experiencing a mental health crisis.

At his initial Ontario Review Board hearing, the Board found that he continues to pose a significant threat to public safety due to his chronic recurring psychosis, lack of insight, and vulnerability to substance use.

The Board ordered a Conditional Discharge with conditions, including a weapons prohibition and an absolute prohibition on alcohol use, while permitting continued medical cannabis use under supervision.

The hospital requested an early review of the accused's conditional discharge disposition due to her escalating violent and harassing behaviour towards her boyfriend.

The accused, who had previously been found not criminally responsible for arson, was diagnosed with schizophrenia and personality traits.

The hospital sought a Detention Order and a No Contact clause to manage the risk and engage her in treatment, as she repeatedly left voluntary hospital admissions against medical advice.

The Ontario Review Board found that the accused continued to pose a significant threat to public safety and that a Detention Order with a No Contact clause was necessary and appropriate to protect the public and facilitate her treatment.

The Ontario Review Board held a hearing to review the accused's unfitness to stand trial on charges of mischief and failing to comply with probation.

The accused, diagnosed with chronic schizophrenia, had received substantial antipsychotic treatment and participated in a pragmatic court education program utilizing visual aids and role-play.

Applying the test from Bharwani, the Board accepted the uncontested psychiatric and psychological evidence that the accused now possessed a reality-based understanding of the court process, the possible consequences of the proceedings, and the ability to communicate with counsel.

The Board found the accused fit to stand trial and ordered him returned to court, with his current detention order remaining in effect in the interim.

The Ontario Review Board held an annual review hearing for an accused found not criminally responsible for manslaughter and designated a High-Risk Accused.

The Board accepted a joint submission that the accused continues to represent a significant threat to the safety of the public and ordered continued detention at the hospital.

Applying the test from Cousineau, the Board assessed whether there was a substantial likelihood the accused would use violence if discharged from the Board's jurisdiction.

Preferring the evidence of the independent psychiatric assessor over the treating psychiatrist, the Board found a substantial likelihood of violence remained due to the accused's ongoing psychotic symptoms, limited insight, and history of non-compliance.

The Board declined to refer the High-Risk Accused designation to the Superior Court for review.

The Ontario Review Board conducted an annual review for an accused found not criminally responsible for dangerous driving and property offences.

The accused, diagnosed with bipolar disorder, had a history of medication non-compliance, relapses into mania, and a six-year unauthorized absence from hospital oversight.

While the accused made significant clinical progress on medication over the past year in hospital, the Board found he remained a significant threat to public safety because his stability had not yet been tested in the community.

The Board ordered the continuation of his detention order with increased community pass privileges to facilitate his gradual reintegration.

The Ontario Review Board conducted an annual review hearing for the accused, who was previously found not criminally responsible for violent offences.

The accused has diagnoses of schizophrenia and alcohol use disorder.

All parties agreed that the accused remains a significant threat to public safety, primarily due to the risk of medication non-compliance when consuming alcohol.

The Board ordered the continuation of the detention order at the secure forensic unit, with privileges including community living in approved housing and a new clause permitting indirectly supervised community access while attending a residential substance use recovery program.

The accused, who was previously found not criminally responsible on account of mental disorder, was transferred to seclusion due to an ongoing risk and mental decompensation.

The hospital initiated a restriction of liberties (ROL) hearing after the accused was secluded for over seven days.

The Ontario Review Board found that the accused was experiencing acute symptoms of psychosis, including making homicidal threats and exhibiting delusional behaviour.

The Board concluded that the hospital's decision to significantly increase the restriction on the accused's liberty by placing her in seclusion was warranted, necessary, and the least onerous measure available under the circumstances.

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

The accused was previously found not criminally responsible for assault and failure to comply with probation.

The Board found that the accused continues to represent a significant threat to the safety of the public due to chronic schizophrenia and substance use disorder.

The Board ordered a conditional discharge on the same terms as the previous disposition, noting the accused's progress and abstinence from substances.

The Ontario Review Board conducted a mandatory annual review for an accused found not criminally responsible for assault and assaulting a peace officer.

The accused, who has complex diagnoses including mild intellectual disability and autism spectrum disorder, had been stable in the community for six years but required intensive support.

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

The Board ordered a Detention Order with the same privileges and conditions as the previous disposition, allowing for continued community living in approved accommodation while maintaining the hospital's authority to manage her risk.

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

The accused, diagnosed with a Cluster B personality disorder and substance use disorders, had a relatively stable year in a secure forensic hospital but continued to struggle with treatment engagement and insight.

The Board found that the accused continues to pose a significant threat to public safety due to the risk of rapid decompensation and violence if he relapses into substance use.

The Board ordered the continuation of his detention order, with privileges to transition to approved independent living in the community, to ensure adequate supervision and the ability to swiftly re-hospitalize him if necessary.

The Ontario Review Board conducted an annual disposition review for an accused found not criminally responsible for manslaughter.

The accused, who has severe autism spectrum disorder, was assessed as remaining a significant threat to public safety due to cognitive rigidity and poor emotional regulation.

The Board ordered his continued detention at the hospital but added a privilege allowing him to live in an approved 24-hour-staffed supportive community residence once appropriate funding and placement are secured.

The Ontario Review Board conducted an annual disposition review for an accused found not criminally responsible for multiple threat and harassment offences.

The accused, who has diagnoses including Intellectual Developmental Disorder and Paraphilia, had recently decompensated after a brief transition to a community home and was readmitted to the secure forensic unit.

Relying on the uncontested psychiatric evidence, the Board found the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of his detention at the hospital, concluding it was necessary to protect the public while providing the highly structured setting required for his ongoing treatment and stabilization.