Gavin MacDonald

The appellant, found not criminally responsible for multiple violent offences including discharging an air pistol at a victim, appealed a disposition of the Ontario Review Board continuing his detention at a forensic psychiatry program.

He sought an absolute or conditional discharge.

The Court of Appeal found the Board's decision was reasonable, noting the seriousness and recency of the index offences, the appellant's limited insight into his illness, ongoing concerns about substance use and impulsivity, and the lack of suitable community accommodation.

The appeal was dismissed, though the court commended the appellant's significant progress.

The applicant, convicted of voyeurism, publishing child pornography, and criminal harassment involving a minor, sought bail pending his conviction appeal.

The Crown conceded the appeal was not frivolous but argued detention was necessary in the public interest to maintain confidence in the administration of justice.

The motion judge found the grounds of appeal to be weak but granted bail, noting the applicant had been on house arrest for three years without breaches, posed no public safety risk, and risked serving most of his 30-month sentence before the appeal could be heard.

The applicant sought bail pending his appeal of convictions and a 78-month sentence for serious offences involving intimate partner violence committed while on release.

The Crown conceded the appeal was not frivolous but opposed release on public interest grounds.

The court applied the Oland framework, balancing the reviewability interest against the enforceability interest.

Although the applicant raised an arguable ground of appeal regarding restrictions on cross-examination, the court found the enforceability interest predominated due to the gravity of the offences, the breach of a prior release order, and residual public safety concerns.

The application for bail pending appeal was dismissed.