COURT OF APPEAL FOR ONTARIO
Rosenberg, MacPherson and Lauwers JJ.A.
IN THE MATTER OF: MATTHEW GIBSON
AN APPEAL UNDER PART XX.1 OF THE CODE
Counsel:
Matthew Gibson, appearing in person
Anita Szigeti, amicus curiae
Mary Ellen Hurman, for the Crown
Janice Blackburn, for the person in charge of St. Joseph’s Healthcare Hamilton
Heard: May 27, 2014
On appeal against the disposition of the Ontario Review Board dated, November 14, 2013.
ENDORSEMENT
1The appellant, Matthew Gibson, appeals the Disposition Order of the Ontario Review Board (“ORB”) dated November 14, 2013, with reasons dated January 6, 2014, pursuant to which he was discharged subject to a number of conditions, including that he reside in approved accommodation and report to the person in charge of St. Joseph’s Healthcare, Hamilton, or his or her designate, not less than twice per month.
2The appellant, assisted by amicus, contends that the ORB erred in failing to grant an absolute discharge. His principal argument in support of this submission is that the ORB erred by concluding that he “represents a significant threat to public safety, and that a Conditional Discharge is least onerous and least restrictive in the circumstances to manage the threat that he represents.”
3We do not accept this submission. The ORB carefully considered the appellant’s mental state and behaviour and the hospital administrator’s report written by Dr. Padgett, who said that, absent the control offered by his current conditional discharge order, “the accused would become a significant risk to many individuals in the community.” We see no basis for interfering with the ORB’s unanimous disposition order.
4The appeal is dismissed.
“M. Rosenberg J.A.”
“J.C. MacPherson J.A.”
“P. Lauwers J.A.”