Court of Appeal for Ontario
Sharpe, Gillese and Benotto JJ.A.
IN THE MATTER OF: Elizabeth Petroniuk
AN APPEAL UNDER PART XX.1 OF THE CODE
Counsel: Daniel Moore, for the appellant Jason Gorda and Gavin MacKenzie, for the respondent
Heard: March 6, 2015
On appeal against the disposition of the Ontario Review Board dated, May 5, 2014.
APPEAL BOOK ENDORSEMENT
1In our view, there was ample evidence to support the ORB’s finding that the appellant continues to a pose a significant risk, and that the detention order is the least restrictive measure to deal with that risk.
2It is apparent from the submissions made before us that the appellant lacks insight into her mental illness. The index offence involved a violent assault on the appellant’s mother, which the appellant continues to regard as an act directed by God. There is a long history of non-compliance with medication and the appellant expresses a continuous desire to stop taking it. In these circumstances, the ORB’s conclusion that the appellant and the risk she poses could not be adequately managed in the community was reasonable.
3Accordingly, the appeal is dismissed.