Court of Appeal for Ontario
Before: Laskin, Rosenberg and Watt JJ.A.
IN THE MATTER OF: Howard Kelly
Counsel: Howard Kelly, acting in person Anita Szigeti, as amicus curiae Grace Choi, for the Attorney General Ewa Krajewska, for Ontario Shores Centre for Mental Health Sciences
Heard: April 23, 2012
On appeal against the disposition of the Ontario Review Board dated, July 5, 2011.
APPEAL BOOK ENDORSEMENT
1We recognize that the Board’s disposition is more restrictive of Mr. Kelly’s liberty than previous Board orders. However, we are satisfied that there was a solid evidentiary basis for the disposition and that therefore, it is not unreasonable.
2The Board’s reasons show that it took into account the possibility Mr. Kelly might make progress during the years after its disposition by specifically adverting to the possibility of an earlier hearing.
3The Board no doubt rejected the hybrid order proposed by amicus because it wanted to maintain oversight over Mr. Kelly’s disposition.
4The appeal is dismissed.