DATE: 20060419
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
1Given 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.
2There are no other grounds for this Court to exercise its discretion in hearing the appeals.
3The appeals are therefore dismissed as moot.