62 total
The Court of Appeal upheld the Review Board's detention order, finding the disposition reasonable.
The appellant, under the supervision of the Ontario Review Board since 2009 for serious offences, appealed the Board's disposition maintaining his detention at Ontario Shores.
He argued the detention order was not the least onerous or restrictive, seeking a conditional discharge or a rehearing.
The Court of Appeal dismissed the appeal, finding the Board's decision reasonable, particularly its rejection of a conditional discharge due to the appellant's continued need for professional supervision and history of relapse.
The court affirmed that the Board is not required to address every piece of evidence in its reasons.
The Court of Appeal upheld an Ontario Review Board detention order, finding it was the least onerous and restrictive disposition necessary for public safety.
The appellant, Shafaq Joya, appealed a disposition of the Ontario Review Board that imposed a detention order with privileges, arguing for a conditional discharge as the least onerous and restrictive disposition.
The Court of Appeal dismissed the appeal, finding that the Board applied the correct legal test and reasonably determined that a detention order was necessary.
The court emphasized that the Board's decision was based on the brutal nature of the index offence and the need for close monitoring, distinguishing it from cases where expediency alone justified a restrictive disposition.