Court of Appeal for Ontario
BEFORE: Sharpe, Armstrong and Watt JJ.A.
BETWEEN:
Her Majesty The Queen Respondent
and
David Jason Miles Appellant
COUNSEL: Anita Szigeti amicus curiae for the appellant Nyranne Martin and Dena Bonnet for the respondent
HEARD: January 28, 2009
On appeal from the judgment of Justice Nicholson Duncan McRae of the Ontario Review Board dated April 22, 2008
APPEAL BOOK ENDORSEMENT
1We read the Board’s reasons as being responsive both to the issue of the appellant’s seclusion at Whitby and the proposal that he be transferred to Oakridge.
2Given the extensive evidence of the appellant’s assaultive behaviour and the intractable nature of his illness, we are not persuaded that the Board’s decision that the least onerous and restrictive disposition is that he be transferred to the maximum secure unit of the Oakridge Mental Health Centre was unreasonable.
3Accordingly, the appeal is dismissed.