Anthony J. Balka

The appellant appealed a disposition of the Ontario Review Board ordering his detention in a medium security setting at the hospital, despite submissions from the hospital and the Attorney General that his detention in a minimum security setting should be continued.

The Court of Appeal found no legal error and held that the disposition was reasonable given the appellant's worsened mental condition, recent elopement, violent ideation, and high risk for future elopements and violent recidivism.

The appeal was dismissed.

The appellant appealed from a disposition order made by the Ontario Review Board, which ordered his continued detention at the Whitby Mental Health Centre.

The appellant argued that the Board failed to adequately consider the factors under s. 672.54 of the Criminal Code.

The Court of Appeal dismissed the appeal, finding that the Board properly weighed the factors and correctly concluded that continued detention was the least onerous and least restrictive alternative.

Furthermore, fresh evidence admitted on appeal demonstrated that the appellant remained a significant threat to himself and the public.

The appellant appealed an order of the Ontario Review Board directing his continued detention at a mental health centre.

The index offence was criminal harassment.

The Board found that the appellant suffered from a major mental illness, continued to have feelings for the victim, and would likely discontinue his medication without external controls.

The Court of Appeal held that the Board's conclusion that the appellant continued to pose a significant threat was not unreasonable and was supported by the evidence.

The appeal was dismissed.