at the time required that the person be held in custody until the Lieutenant Governor of the Province (i.e. the executive branch of the provincial government) decides to release them. Defence counsel challenged the constitutionality of that provision, on the basis that it violated the Canadian Charter of Rights and Freedoms. On June 10, 1985, the trial judge found that the provisions were constitutional, and ordered that Swain be detained until the Lieutenant Governor's wishes were known. Subsequent detention Swain immediately filed for an appeal to the Court of Appeal for Ontario, and applied for bail pending appeal. The appeal judge hearing the bail application adjourned the application to permit an early hearing by the committee that advises the Lieutenant Governor concerning the detention of individuals found not guilty by reasons of insanity (the Advisory Review Board). On June 12, 1985, the Lieutenant Governor issued a warrant further detaining Swain to be held in safe custody in a mental health hospital for assessment, and to report to the Advisory Review Board in 30 days. Neither Swain nor his counsel were notified about the decision, or given an opportunity to make submissions. The review hearing was held on July 26, 1985, which Swain and his counsel were present at. On August 6, 1985, the Board advised that Swain be held in safe custody in a mental health centre, and that the director of the centre have discretion to allow Swain to re-enter the community with conditions regarding supervision and follow-up treatment. The recommendation was not initially released to Swain or his counsel. Swain's counsel requested to make submissions before the Lieutenant Governor at the time when the Board's recommendation was made, but before the Lieutenant Governor made a decision, the request was denied. The Lieutenant Governor issued a warrant for Swain to be held in custody with the conditions recommended by the Board. That was the first time Swain or his counsel were advised what the Board's recommendation was. Court of Appeal The appeal to the Court of Appeal was heard in early September, 1985. A majority of the Court dismissed Swain's appeal. Discharge On September 4, 1986, the Lieutenant Governor ordered that the warrant for Swain to be held in custody be vacated, and that Swain be discharged absolutely. Reasons of the Supreme Court of Canada Chief Justice Lamer wrote the majority opinion, allowing Swain's appeal. Two separate decisions concurring