The man found not criminally responsible in the death of Toronto Police Sgt. Ryan Russell, is still going to be allowed on escorted visits in the community of Whitby.
The Ontario Review Board gave the green light for Richard Kachkar to have escorted community passes.
It was that decision that caught both the Crown and Kachkar's lawyer off guard, since it was more lenient than what they'd been requesting.
The lawyers had requested instead, that the cop killer be kept in a medium security prison and be granted escorted visits only on the hospital grounds at Whitby's Ontario Shores Centre for Mental Health Sciences.
Toronto Police Association President Mike McCormack says he's 'disappointed' in the ruling.
'We don't have any conclusive evidence or signs that's going to say everything's been done to ensure he doesn't re-offend, or create another victim.' said McCormack.
The Court of Appeal says the community visits would not compromise community safety.
It was back in January of 2011, when Kachkar stole a snow plow and went on a rampage on Avenue Road, eventually hitting and killing Sgt Russell.
An annual review for Kachkar is going to be held in Toronto on April 24th.
While the issue was under appeal, Kachkar was not being granted the community visits.