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An Ontario man found not criminally responsible for murdering his neighbour with a machete has moved to independent living, only has to report to his handlers once every two weeks and is free to go on longer international trips with a minder even though he still presents a significant risk to public safety.
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Jermaine Wood’s lawyer had asked the Ontario Review Board (ORB) for a conditional discharge for his client, and that Wood’s international travel passes not require supervision. But the Centre for Addictions and Mental Health and the Crown argued successfully to maintain a detention order for the 40-year-old, and Wood was not approved for unaccompanied international travel.
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“Significant threat to the safety of the community was not in issue and is plainly evident in the serious index offence, the history of violence, the serious mental health condition and the history, including recent history, concerning issues surrounding housing conditions,” said a new decision from the independent tribunal that regularly reviews the status of individuals found not criminally responsible due to mental disorder.
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The case raises the question of how the board balances protection of the public with the rights of an accused.
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Recently Wood moved from a transitional rehabilitation housing program in North York to independent housing sponsored by the Canadian Mental Health Association.
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“While there is housing staff attached to the new accommodation, forensic staff are not on site,” said the Sept. 4 decision. “This is a change from his last housing where the forensic staff were on site.”
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He “ruminated for about a month” about the necessity of changing the locks.
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“Eventually he accepted that they had indeed been changed.”
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Wood’s brooding about the locks worried his psychiatrist, who told the ORB that housing changes constitute significant stressors for his patient. He refused to support a conditional discharge for Wood and the ORB agreed with him.
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“The ruminations about the locks were a concern given past difficulties with housing stability and a history of aggression and violence in relation to co-tenants culminating in the fatality to a co-resident during the index offence,” said the ORB decision. “The lock issue required significant reassurance that indeed they had been changed.”
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While the psychiatrist was interested in seeing how Wood performed with less site supervision, the panel had concerns about whether Wood would voluntarily return to hospital if necessary.
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“There is a history of assault and threatening that preceded the index offence,” said the ORB’s decision.
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“If Mr. Wood stopped taking medication it would be a matter of weeks before deterioration.”
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Wood, who was diagnosed with schizophrenia in his early 20s, immigrated to Canada from Guyana with his family at the age of 17. He was bullied in school, used cannabis and was homesick, the board said.
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“He was disappointed in life in Canada, the financial strain on the family and his need to work night shift full time while attending high school.”
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