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Crown appeals Kachkar review board decision

Above: Christine Russell, wife of fallen Toronto police Sgt. Ryan Russell, reacts to the review board’s decision.

TORONTO – The Crown is appealing a decision to allow into the community a man who was found not criminally responsible for killing a Toronto police officer with a snowplow.

Richard Kachkar is being detained in the Ontario Shores psychiatric hospital in Whitby, Ont., following a decision by the Ontario Review Board.

The board manages the cases of people found not criminally responsible and at annual hearings decides what level of supervision they need.

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Kachkar, 46, was found not criminally responsible earlier this year in the January 2011 death of Sgt. Ryan Russell, 35, who was killed when Kachkar hit him with a stolen snowplow.

Kachkar’s lawyer and the Crown had jointly recommended that Kachkar be allowed to walk the grounds of the hospital while escorted by staff, and the board went a step further and said he should be able to enter the community while escorted.

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Decisions of the review board can be appealed to the Court of Appeal for Ontario.

Review boards have the power to order a person found not criminally responsible detained in a hospital or release them either with or without conditions.

Absolute discharges are not granted until the board is satisfied the person no longer poses a significant threat to public safety.

Kachkar still poses a significant threat, the board said in reasons released a month after its decision. But letting him go into the community on an escorted basis, if the hospital feels it’s appropriate, does not pose such a threat, it said.

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