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The Federal Court dismissed the Minister’s judicial review of an immigration detention release order, finding removal had become illusory and release conditions were reasonable.
The court upheld detention on a s. 525 review, finding a strong Crown case, serious firearm allegations, and an inadequate release plan.
The Board reasonably accepted the treating psychiatrist's and the treatment team's evidence that the appellant would act out violently without the structure and staffing of his current secure placement; given his history and risk assessments, the Board was justified in concluding he remains a significant threat and in refusing to order a transfer to a less secure hospital at this time.
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The Court found no error by the Ontario Review Board because the treating psychiatrist's uncontradicted evidence established a significant risk to public safety and the joint submission supporting detention at CAMH with discretion for community living was reasonable and supported by the evidence; therefore the appeal was dismissed.
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