R. v. Breitwieser, 2010 ONCA 732
COURT OF APPEAL FOR ONTARIO
Sharpe, Rouleau and Epstein JJ.A.
BETWEEN
Her Majesty the Queen and person in charge of the Regional Mental Health Centre St. Thomas, St. Joseph’s Health Care London
Respondents
and
Alf Breitwieser
Appellant
Joseph Di Luca, amicus for the appellant Alf Breitwieser
Andrea Baiasu, for the respondent
Heard: October 29, 2010
On appeal from the order of the Ontario Review Board dated January 22, 2010.
APPEAL BOOK ENDORSEMENT
1In our view, the Board’s determination that the appellant posed a significant threat to the safety of the public and that the least onerous and least restrictive disposition was to detain the appellant in the medium security facility was reasonable in light of the evidence. The appellant offers different explanations or interpretations of the facts that the Board was not prepared to accept. Factual findings of this nature are within the province of the Board and as the Board’s findings are reasonable, there is no basis upon which we can interfere.
2Appeal dismissed.