COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – JOHANNES STURKENBOOM (Appellant)
BEFORE:
BORINS, SHARPE and ARMSTRONG JJ.A.
COUNSEL:
Marshall A. Swadron
for the appellant
Janice E. Blackburn and Melissa Ragsdale
for the respondent
HEARD & ENDORSED:
February 24, 2005
On appeal from the disposition entered by Ontario Review Board dated July 28, 2004.
A P P E A L B O O K E N D O R S E M E N T
1We are not persuaded that the determination of the Board that the appellant met the threshold test of posing a significant threat to the safety of the public was unreasonable on the evidence before it. It was not unreasonable for the Board to accept the opinions with respect to the risk of future threat contained in the Hospital’s report and supported by the testimony of Dr. McMaster. In our view, the disposition made by the Board was the least onerous and least restrictive disposition reasonably available to it on the evidence, and it included the ability of the appellant to reside in the community in approved housing. The order of the Board recognized the progress that the appellant is making, for which he is to be commended.