Court of Appeal for Ontario
Goudge, Watt and Hoy JJ.A.
IN THE MATTER OF: Stephen Thurston
AN APPEAL UNDER PART XX.1 OF THE CRIMINAL CODE
Stephen Thurston, appearing in person
Suzan E. Fraser, amicus curiae
Jean Buie, for the Centre for Addiction and Mental Health
Grace Choi, for the respondent
Heard: June 18, 2012
On appeal against the disposition of the Ontario Review Board dated, October 28, 2011.
APPEAL BOOK ENDORSEMENT
1It is clear that the Board misunderstood the joint submission of the parties. It imposed a condition more restrictive than that jointly submitted, although it clearly intended to impose the conditions jointly submitted.
2We would correct this error by removing condition 2(e) in the disposition and substituting the condition that was jointly submitted and that the Board intended to impose, namely “when residing in the General Forensic Unit to live in the community in accommodations approved by the person in charge”.
3Appeal allowed in accordance with these reasons.