Grace Choi

The appellant, who was found not criminally responsible (NCR) and detained at CAMH, appealed a Review Board disposition continuing his detention despite being designated as alternate level of care.

The appellant proposed a conditional discharge with a Young clause and treatment compliance conditions, or alternatively, living with family due to a lack of community housing.

The Court of Appeal allowed the appeal, finding the Board failed to properly consider the proposed safeguards, did not adequately inquire into family accommodation, and based its risk assessment on speculative concerns and unsupported assumptions.

The Court also overturned its previous decision in Negash regarding the enforceability of hospital readmission under section 672.93(2) of the Criminal Code.

The matter was remitted for a new hearing.

The Court of Appeal for Ontario issued a notice regarding a publication ban under section 517 of the Criminal Code.

The underlying decision in the applicant's motion contains information covered by the non-publication order imposed at the bail hearing in the court below.

The full decision will be available once the publication ban ceases to be in effect.

The appellant, a pastor, appealed his conviction and sentence for sexual offences against his 14-year-old step-daughter.

He argued the trial judge placed undue reliance on the complainant's demeanour when assessing credibility.

The Court of Appeal dismissed the appeal, finding the trial judge properly analyzed the substance of the evidence and did not overemphasize demeanour.

The sentence appeal was also dismissed as no submissions were made and the sentence was fit.