Should the “substantial likelihood” test be applied with regard to an accused’s likely conduct if completely discharged from Board supervisions, or simply if the High Risk Accused designation is removed but the accused remains subject to the Board’s supervision — How should courts balance the “twin goals” of public safety and the fair treatment of individuals who commit offences while suffering from a mental disorder — Should a Board determine there is a “substantial likelihood” that a High Risk Accused will use violence that could endanger the life or safety of another person in the absence of an assessment to evaluate that risk? — dismissed 04/14/2022 — Supreme Advocacy acted as agent for the Applicant.

Read the lower court decision from the ONCA here.