Court of Appeal for Ontario
Judges: Hoy A.C.J.O., Gillese and Strathy JJ.A.
IN THE MATTER OF: KYLE CASTER
AN APPEAL UNDER PART XX.1 OF THE CODE
Counsel: Kyle Caster, appearing in person Joseph Di Luca, appearing as amicus Erin Winocur, appearing for the Attorney General E. Krajewska, appearing for the Ontario Shores Centre for Mental Health Sciences
Heard: December 19, 2013
On appeal against the disposition of the Ontario Review Board dated, May 8, 2013.
APPEAL BOOK ENDORSEMENT
1We note that the index offence involved violence. In our view, the Board’s decision that a detention order was the least onerous and least restrictive disposition to the accused was reasonable and fully supported by the record. In particular, we note the appellant’s treating psychiatrist’s reference to the appellant’s pattern of non-compliance with court and hospital imposed conditions, his unstructured lifestyle, his need to successfully abstain from substance use to rule out a diagnosis of schizoaffective disorder, and his need to be followed day after day in his efforts to abstain from substance abuse. In light of our disposition of the appeal, it is unnecessary to decide amicus’ submission that the Board misapprehends the operation of ss. 672.91-.93 of the Criminal Code. In our view, that submission warrants serious consideration in a case where it has first been fully and fairly argued before the Board.