Canada Case Law

R. v. Lee

Court

Supreme Court of British Columbia

The court found beyond a reasonable doubt that the accused committed second degree murder (actus reus) and, on the balance of probabilities, that he was suffering from untreated schizophrenia and persistent delusions at the time, which rendered him incapable of knowing that his actions were morally wrong; accordingly the accused committed the act but is not criminally responsible under s.672.34 of the Criminal Code, and the matter is referred to the Review Board with orders for detention at the Forensic Psychiatric Hospital, expedited disclosure to the Review Board, a disposition hearing with…

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• Not criminally responsible (ncrmd)
• Second degree murder
• Disposition hearing
• Dna order
• Schizophrenia and delusions

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R. v. Gautreau

Court

Court of Appeal for Ontario

Ontario Court of Appeal upheld a high-risk accused finding against Donald Gautreau, rejecting arguments about procedural fairness, statutory interpretation, and sufficiency of the evidence.

• Not criminally responsible (ncrmd)
• High‑risk accused (hra)
• Section 672.64
• Risk assessment
• Detention in hospital
• Attempted murder

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Gibson v. British Columbia (Adult Forensic Psychiatric Services)

Court

British Columbia Court of Appeal

The British Columbia Court of Appeal dismissed Ms. Gibson’s appeal and upheld continued detention at the Forensic Psychiatric Hospital under the NCRMD regime.

• Not criminally responsible (ncrmd)
• Review board disposition and deference
• Risk assessment and public safety
• Detention vs discharge
• Ncrmd
• Review-board-disposition

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Urquhart v. British Columbia (Adult Forensic Psychiatric Services)

Court

British Columbia Court of Appeal

Appeal allowed from a Review Board disposition. The Court quashed broader restrictions, reinstated the 28-day leave condition, and added a narrower no-go for Keremeos.

• Not criminally responsible (ncrmd)
• Review board dispositions
• Conditions of detention and community leave
• Risk assessment
• Least restrictive/necessary and appropriate disposition
• Ncrmd

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Multani (Re)

Court

Court of Appeal for Ontario

The appeal is dismissed because the appellant through counsel indicated at the ORB hearing that continuation of the existing conditional discharge would be the appropriate disposition if the ORB found the appellant remained a significant threat, making a later challenge to the conditions untimely and unfair; additionally, the court lacks jurisdiction to overturn an NCRMD finding by motion in this appeal, and the Notices of Motion had no merit.

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• Not criminally responsible (ncrmd)
• Conditional discharge
• Ontario review board
• Appeal jurisdiction
• Conditions of release

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Sanderson v. British Columbia (Adult Forensic Psychiatric Services)

Court

British Columbia Court of Appeal

The Court of Appeal dismissed Mr. Sanderson’s appeal, holding that the Review Board was not procedurally unfair in proceeding with the hearing despite late reports.

• Not criminally responsible (ncrmd)
• Procedural fairness
• Adjournment
• Disclosure of disposition information
• Charter s.7
• Fresh evidence

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Summers (Re)

Court

Court of Appeal for Ontario

The Court granted the fresh evidence motions but upheld the Review Board’s disposition as reasonable. The Board had sufficient evidence to conclude the appellant remained a significant threat because the record showed a likely trajectory—medication non‑compliance and substance relapse would cause rapid decompensation and materially increase risk of reoffending—and there was no adequate community treatment plan or supervision in Owen Sound to manage that risk; the Board also considered Gladue factors and extended community passes pending further review.

Source excerpt

• Not criminally responsible (ncrmd)
• Significant threat standard
• Absolute discharge
• Conditional discharge
• Fresh evidence
• Gladue principles

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Alexander (Re)

Court

Court of Appeal for Ontario

The Court dismissed the appeal because the Board’s handling of the joint submission, taken in context with the objection letter from Providence Care and probing questioning, provided adequate notice and did not amount to procedural unfairness, and the Board’s detailed, evidence-based reasons for rejecting the transfer were within a range of reasonable outcomes entitled to appellate deference.

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• Not criminally responsible (ncrmd)
• Ontario review board review
• Procedural fairness
• Standard of review/deference
• Placement/transfer decisions
• Risk assessment and management

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Gibson v. British Columbia (Adult Forensic Psychiatric Services)

Court

British Columbia Court of Appeal

The Court of Appeal upheld a Review Board custodial disposition for an NCRMD appellant, finding the continued detention reasonable and supported by evidence of ongoing public safety risk.

• Not criminally responsible (ncrmd)
• Review board dispositions
• Standard of review (reasonableness)
• Risk assessment and public safety
• Ncrmd
• Review-board

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R. v. Wabegijig

Court

Court of Appeal for Ontario

The trial judge carefully reviewed the evidence, preferred the Crown expert where opinions conflicted, found the appellant's evidence not fully credible, and reasonably concluded the appellant failed to prove parasomnia or the very high level of intoxication required for intoxication-induced automatism; there was no material misapprehension of evidence and no basis for appellate intervention, therefore the appeal is dismissed and the convictions are upheld.

Source excerpt

• Sexual assault
• Parasomnia/sexsomnia
• Not criminally responsible (ncrmd)
• Automatism
• Intoxication
• Expert evidence

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