Military attacker can go to college on own: court

Stabbing at recruitment centre in toronto

ontario’s top court has upheld a decision allowing a man found not criminally responsible in a knife attack at a toronto military recruitment centre to eventually take classes on his own.

the appeal court says the ontario review Board considered all the required factors last year in granting ayanle Hassan ali permission to attend mohawk College unaccompanied when staff at the secure Hamilton hospital where he’s detained deem he is ready.

the three-judge appeal panel further says it was “not unreasonable” for the board to ban ali from known military facilities or centres rather than the more restrictive measure sought by the Crown — a prohibition from contacting any military personnel.

Prosecutors said awarding such privileges was unreasonable given that it was ali’s first review and he had no track record to rely on.

the Crown said ali’s compliance with the rules on his highly restricted hospital ward is not the same as having “unsupervised access” to the college.

the review board — which annually evaluates the status of anyone found not criminally responsible or unfit to stand trial for criminal offences due to mental illness — found ali continues to pose a significant threat to the public and should remain at the hospital.

But it also granted him gradually increasing privileges that began with permission to travel through hospital grounds with staff, then with an approved companion, and eventually unaccompanied. If that went well, ali could then follow similar steps into the community for education purposes.

In a decision released monday, the appeal Court said arguments related to public safety were made at the hearing and, as such, were weighed by the board.

“the limited extension of indirectly supervised access only to the local college shows that the board was extending only a very limited privilege, both geographically and in terms of time away, that reflected its concern for public safety but balanced with the need to facilitate mr. ali’s reintegration into society,” the appeal board said.

the appeal Court noted ali is to appear before the board on wednesday and such a condition may be discussed then.

ali attacked several uniformed military personnel with a large knife in march 2016 and wounded at least two people before he was overpowered and subdued.

He was charged with attempted murder, assault causing bodily harm and assault with a weapon, as well as carrying a weapon.