Molly Clare Flanagan

The appellant, who was found not criminally responsible (NCR) eight years prior, appealed a disposition of the Ontario Review Board detaining him at a maximum security facility.

He argued the Board erred by refusing to order his transfer to another psychiatric facility for an independent assessment, citing a change in his psychiatric diagnosis.

The Court of Appeal dismissed the appeal, finding the Board reasonably exercised its discretion in concluding that a transfer was not necessary for an appropriate disposition and that treatment and assessment could continue at his current facility.

The appellant, a former Chief of Police, appealed his custodial sentence for fraudulent actions committed in office over several years.

He argued for a conditional sentence, citing Gladue factors, medical needs requiring dialysis, and the parity principle.

The Court of Appeal dismissed the appeal, finding that a conditional sentence would not satisfy sentencing principles given the breach of trust by a public official.

The court noted the trial judge appropriately reduced the sentence length based on Gladue factors and confirmed that provincial institutions could accommodate the appellant's medical needs.