COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) v. YOURI KANOUNNIKOFF (Appellant)
BEFORE:
DOHERTY, ROSENBERG and ARMSTRONG JJ.A.
COUNSEL:
Peter Thorning
for the appellant
Eric Siebenmorgen and Carol-Ann Bauman
for the respondent
HEARD & ENDORSED:
May 28, 2003
On appeal from the sentence imposed by Justice P.H. Wilkie of the Superior Court of Justice on May 9, 2002.
A P P E A L B O O K E N D O R S E M E N T
1The evidence adduced after the guilty pleas was sufficient to warrant a finding of guilt on the charge of endangering the safety of the airplane: R. v. Bottomley, [2000] E.W.J. No. 873 (C.A.).
2The parties have made a joint fresh evidence application. The evidence and, principally the evidence of Dr. Bourgit, establishes that the appellant was not criminally responsible. We would set aside the conviction and substitute findings of not criminally responsible on all three counts.
3We are satisfied that the determination of the appropriate disposition should be made by the Review Board as soon as possible. We are also satisfied that the appellant should be placed in the Forensic Programme at the Royal Ottawa Hospital pending the disposition hearing. He should be taken forthwith from his present place of incarceration to the Royal Ottawa Hospital.