DATE: 20060419

DOCKET: C42958

C43126

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – EUSTACE BERNARD RACKETT (Appellant)

BEFORE:

MCMURTRY C.J.O., DOHERTY and MOLDAVER JJ.A.

COUNSEL:

Suzan E. Fraser

for the appellant

Lance Beechener

for the respondent, Her Majesty the Queen

Janice Blackburn

for the respondent, The Centre for Addiction and Mental Health

HEARD & ENDORSED:

April 19, 2006

On appeal from the disposition of The Ontario Review Board dated July 30, 2004 and on appeal from the disposition of The Ontario Review Board dated December 16, 2004.

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

[1] Given the subsequent disposition Order of September 2005 the two orders under appeal are clearly moot. We are not persuaded to exercise our discretion in favour of hearing the merits despite the mootness. While there maybe merit in Ms. Fraser’s submission that the board drew an inference that the appellant made his living by drug trafficking, that was unsupported by the evidence; this is a matter that should be addressed in the next disposition hearing.

[2] There are no other grounds for this Court to exercise its discretion in hearing the appeals.

[3] The appeals are therefore dismissed as moot.