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
1In 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.
2However 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.