King (Re)

Summary

The Court allowed an NCR accused’s appeal from an Ontario Review Board disposition. The Board unreasonably relied on dated violence, limited substance-use evidence and a risk tool with acknowledged limitations for Indigenous populations. Because the Crown did not establish a serious threat to public safety, the Court substituted an absolute discharge.

Outcome

Appeal allowed. The conditional discharge was set aside and an absolute discharge substituted because the Crown failed to establish a serious threat of significant physical or psychological harm.

Why this case matters

A serious-threat finding must rest on the complete current record, and a risk instrument with acknowledged population-specific limits may carry reduced probative weight.

Paragraph references

At para. 1, the court held that the serious-threat finding was unreasonable despite appellate deference. Paras. 3-4 identify the Board’s undue reliance on historical violence, a single reported drug use and misapprehended evidence. Para. 5 limits the risk assessment’s probative value. Para. 6 records the psychiatrist’s and hospital’s conclusions. Paras. 7-8 hold that the Crown failed to meet the serious-threat standard and require an absolute discharge.