DATE: 20050225

DOCKET: C42498

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

[1] We 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.