DATE: 20050815

DOCKET: M32051 C42836

COURT OF APPEAL FOR ONTARIO

RE:

IN THE MATTER OF ALFRED SMITH

BEFORE:

GOUDGE, SIMMONS AND ARMSTRONG JJ.A.

COUNSEL:

Charles C. Conroy

for the appellant

Roger Shallow

for the respondent Attorney General of Ontario

Luba Kowal

for the respondent North Bay Hospital

HEARD:

August 12, 2005

On appeal from the Disposition of the Ontario Review Board dated June 24, 2004.

A P P E A L B O O K E N D O R S E M E N T

[1] In our view there was evidence to sustain the Board’s finding of significant risk. We cannot find it to be unreasonable. Equally the order made by the Board was not unreasonable when it was issued.

[2] However the appellant’s regular review is now regrettably overdue. We order the Board to expedite that review. We also urge that on this review, it give serious consideration to what on the fresh evidence appears to be an emerging consensus that the appellant is now fit to reside in the community under supervision. If that is the evidence before the Board, this should be effected without delay. The appeal is dismissed.