[GGG]

Originally Posted by Ozy_Flame

And how do you know this? Have you seen the conditions that are attached with his absolute discharge? Have you conferred with the review board?

Absolute discharge means no conviction is registered, and there is no further criminal parameters like probation. That doesn't mean he is fully released from medical and psychiatric monitoring.

There are no conditions on an absolute discharge. That is what makes an absolute discharge absolute. There may be conditions on things that need to happen before an absolute discharge is granted but once granted that’s it. A conditional discharge is one where there are conditions to be maintained but even then those conditions can’t be forced treatment per this site

https://educaloi.qc.ca/en/capsules/n...any%20children.

Option 1 – The accused will be discharged absolutely
An absolute discharge means that the accused will be free to go and will not face any further restrictions or consequences.

An absolute discharge is only granted if the judge is convinced that the accused does not pose a significant threat to society. Significant threat means a risk of serious physical or psychological harm to members of the public, including the victim or to any children.

Option 2 – The accused will be discharged conditionally
A conditional discharge means that the accused will be allowed to live in society, but under certain conditions. Typically, these conditions are meant to manage any risk that the accused poses to society. For example, the accused might be required to live in a certain place or follow certain rules.

However, it’s important to note that the accused cannot be forced to undergo a treatment in order to receive a discharge.

Option 3 – The accused will be confined in a hospital.
If the accused poses a significant risk, they will be ordered confined to a hospital under conditions which are meant to help manage their condition. Depending on the accused’s condition and risk, the disposition order will call for different levels of freedom within the hospital. For instance, the accused may be allowed to attend therapy outside the hospital, with or without an escort. Or, in more serious cases, the accused will be put into a secured forensic unit to manage their risk.

The accused’s disposition is reviewed regularly
If the accused is not discharged absolutely, their disposition will be automatically reviewed every 12 months. This is done to monitor the accused’s mental health. In some cases, the accused may recover, in which case they may qualify for a conditional discharge and eventually an absolute discharge. However, some people may never recover and will remain under the CETM’s supervision long-term.

On what basis are you assuming that their can be conditions placed on him post discharge and what is the mechanism of enforcement of those conditions and on what legal grounds are those conditions established?


Edit: figure I should go right to the source do here is the Justice Canada info

https://www.justice.gc.ca/eng/rp-pr/...rr06_1/p1.html

Again an absolute discharge means no further involvement or conditions from the court. It does indicate here that a conditional discharge can require the following of a treatment plan as a condition

If the court or Review Board orders an absolute discharge, the NCRMD accused is released from further involvement with the system for the specific offence that led to the NCRMD verdict.

So what is the legal basis for placing conditions on an absolute discharge?