The Court of Appeal for Ontario dismissed Matthew Lucas’s appeal and upheld the Review Board’s decision to continue detention, finding the disposition reasonable and supported by evidence.
The Court of Appeal dismissed Joshua Levesque’s NCR appeal, holding the Ontario Review Board reasonably continued the detention order as the least restrictive disposition.
The Review Board's September 2025 disposition was reasonable and supported by evidence, particularly expert testimony establishing a real risk of relapse and dangerousness if the appellant discontinued medication and used substances; under s.672.78(1)(a) appellate interference is unwarranted when the Board's risk assessment is rational and evidence-based, and this Court lacks jurisdiction to order a retrial of the 2012 NCR finding.
The Court upheld the Board's factual and reasoned finding that the appellant continues to pose a significant threat and that detention was reasonable, but found legal error in omitting from the Board's formal disposition an express term obliging the hospital to exercise all due diligence to pursue community housing for the appellant where the reasons explicitly criticized the hospital's failure to plan for housing; the disposition was therefore amended to add that term.
The Court upheld the Board's significant-threat finding because, read as a whole, the Board reasonably accepted expert evidence that the appellant's unchanged condition, refusal of medication, lack of insight, violent ward behaviour and risk of substance relapse supported a continued significant risk of serious harm; however, the blanket no-contact provision was disproportionate and was varied to permit contact to the extent permitted by the treatment team, who can calibrate communication in less intrusive forms.
The Review Board had actively considered and rejected a conditional discharge and, given the appellant's refusal to take prescribed medication or accept long-acting medication, ongoing illegal drug use and history of fire setting, there was no air of reality to a conditional discharge; the Court will not craft conditions not raised before the Board, so the appeal is dismissed.
The Yukon Court of Appeal dismissed an NCRMD appeal, upholding a detention order and finding the risk analysis reasonable. It also declined to consider a fresh party-status issue.
The Court dismissed the appeal because the Review Board's finding that the appellant continued to present a significant threat to public safety was a reasonable conclusion supported by expert evidence of ongoing delusions, chronic cannabis‑exacerbated illness with repeated hospital admissions, a persistent fixation on the victim and evidence he would likely relapse and reoffend absent hospital support and monitoring, and the Board's specialized expertise warranted deference.
Appeal from a Review Board custodial order dismissed. The Court held the order was reasonable on the record and noted later progress might justify an earlier review.
Not criminally responsible by reason of mental disorder
The Court of Appeal dismissed Ms. Gibson’s appeal from a Review Board custody disposition, finding the order supported by the evidence and not unreasonable.
Ncrmd (not criminally responsible on account of mental disorder)