Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights and Freedoms – Fundamental justice – Principle of legality – Evidence – Liberty of accused person found not criminally responsible by reason of mental disorder – Mandatory reviews of dispositions governing accused – Power of review board to issue remedies for breach of Charter – Whether Ontario Review Board’s failure to hold an annual review hearing within mandatory period of time prescribed by s. 672.81(1) of Criminal Code infringed s. 7 of the Charter – Whether review boards constituted under Part XX.1 of Criminal Code have jurisdiction to award costs, damages and declarations as remedies under s. 24(1) of Charter – Whether Ontario Review Board erred by failing to meaningfully inquire into reasons for delay – Whether Court of Appeal erred in failing to admit fresh evidence.

In 2008, Mr. Starz was found not criminally responsible by reason of mental disorder on a charge of assault. He was under the jurisdiction of the Ontario Review Board until it granted an absolute discharge in 2014. The Ontario Review Board was required to hold a disposition hearing not later than twelve months after making a disposition other than absolute discharge and every twelve months thereafter. A hearing that was statutorily required by no later than December 14, 2012, did not take place until April 4, 2013. The resulting disposition order dated April 17, 2013 repeated the Ontario Review Board’s disposition dated December 14, 2011, but with some changes lessening some of the conditions imposed on Mr. Starz. Mr. Starz brought a Charter application alleging that the delay in holding a disposition hearing breached s. 7 of the Charter. He sought costs, damages and declaratory relief. The Ontario Review Board concluded that the Charter had not been breached and it had no jurisdiction to grant the requested relief. The Court of Appeal dismissed an appeal.