Law360 Canada ( February 16, 2018, 8:36 AM EST) -- Appeals by Ohenhen and Kalra from the detention orders with community privileges imposed on them by the Ontario Review Board. Both appellants had improved with medication and treatment. There was concern that they would stop treatment if released. Both appellants had been found incapable of consenting to treatment under the Health Care Consent Act. Neither had the capacity to consent to the relevant treatment, primarily because each lacked insight into his medical condition. Instead, both appellants had substitute decision-makers who had been consenting to the relevant medical treatments, and who were willing to continue to do so. At issue was whether an accused who had been found not criminally responsible on account of a mental disorder and incapable of consenting to his own treatment under the Health Care Consent Act, could fulfill the consent requirement for the condition regarding psychiatric or other treatment under s. 672.55(1) of the Criminal Code....