DATE: 20050914

DOCKET: C43581

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – NELSON SHAUN RUNNALLS (Applicant)

BEFORE:

WEILER, BLAIR and LAFORME JJ.A.

COUNSEL:

Nelson Shaun Runnalls for himself

for the appellant

Michael Davies, Amicus Curiae

Grace Choi

for the respondent

HEARD & ENDORSED:

September 8, 2005

On appeal from the judgment of the Ontario Review Board dated October 8, 2004.

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

[1] The Board’s disposition responded to the alternative section requested by the appellant and was appropriate at the time. We note, however, that although the appellant has since refused to co-operate with some of the conditions originally requested, such as a further assessment of his closed head injury, he has been an exemplary patient in terms of his conduct in the structured setting of the hospital. We see no error in the Board’s disposition. It is supported by the evidence. We expect the Board will consider all relevant dispositions, including, if appropriate, a conditional discharge in the community at the time of his next annual review, which, we are told, is scheduled for October 13, 2005. The appeal is therefore dismissed.