4 total
Appeal from convictions for historical sexual offences dismissed; trial judge's credibility findings upheld.
The appellant was convicted of historical sexual assault and sexual interference against a complainant over whom he held a position of trust.
He appealed the conviction, arguing the trial judge erred in failing to reconcile inconsistencies, overemphasizing his demeanour during a police interview, and assigning too much weight to the complainant's youthfulness.
The Court of Appeal dismissed the appeal, finding the trial judge's credibility assessments and findings were open to him.
The Court of Appeal upheld the Ontario Review Board's conditional discharge, finding the appellant continues to pose a risk of serious harm.
The appellant appealed a disposition of the Ontario Review Board dated September 11, 2018, which found that the appellant continues to pose a risk of serious harm to the public and imposed a conditional discharge with reporting requirements and residence restrictions.
The appellant sought an absolute discharge.
The Court of Appeal upheld the Board's decision, finding no material change in the appellant's condition since the previous disposition and no basis to challenge the Board's conclusion that the evidence overwhelmingly demonstrated a risk of serious harm if the appellant were released without conditions.
The Court of Appeal upheld the Ontario Review Board's conditional discharge based on expert evidence of future risk.
An appeal under Part XX.1 of the Criminal Code against the Ontario Review Board's disposition dated October 16, 2016.
The appellant sought an absolute discharge from a conditional discharge, arguing the Board's decision was unreasonable.
The Board upheld the conditional discharge, finding the appellant remained a significant threat based on expert evidence that absolute discharge would lead to medication non-compliance and increased marijuana use, resulting in decompensation and threatening behavior.
The Court of Appeal dismissed the appeal, finding the Board's disposition reasonable and supported by evidentiary foundation.
The Court of Appeal dismissed an appeal from a review board disposition ordering continued detention in maximum security, finding no misapprehension of evidence.
The appellant appealed the Ontario Review Board's disposition dated December 21, 2016, which ordered his continued detention in maximum security at Waypoint Centre for Mental Health Care.
The appellant had previously been detained at Ontario Shores with community privileges.
He advanced two grounds of appeal: first, that the Board misapprehended evidence regarding when he decompensated after being moved to the minimum-security unit; and second, that the Board failed to address the impact of a medication change on his behaviour.
The Court of Appeal dismissed the appeal, finding no misapprehension of evidence and confirming that the Board was aware of and properly considered the medication change in its decision.