COURT OF APPEAL FOR ONTARIO
Simmons, Juriansz and van Rensburg JJ.A.
IN THE MATTER OF: Abdirahaman Abdulle
AN APPEAL UNDER PART XX.1 OF THE CODE
Counsel:
Dean F. Embry, for the appellant
Michael Medeiros, for the respondent Ministry of the Attorney General
Michele Warner, for the respondent Centre for Addiction and Mental Health
Heard and released orally: March 13, 2015
On appeal against the disposition of the Ontario Review Board dated August 14, 2014.
ENDORSEMENT
1It was open to the Ontario Review Board to accept Dr. McDonald's opinion that further violence was inevitable if the appellant remained in a medium secure facility. Dr. McDonald's report addressed the issue of risk as well as the issue of criminal responsibility. His letter of opinion was placed before the Board on consent. Even Dr. Cohen acknowledged that in the absence of a medication change, the appellant's presence in the medium secure facility was a very risky situation for the hospital staff.
2As for the question of whether there would be enhanced security and the potential for more privileges at Waypoint, there was some evidence on both these issues before the Board. It was not unreasonable for the Board to rely on that evidence.
3The appeal is dismissed.
"Janet Simmons J.A."
"Russell Juriansz J.A."
"K. van Rensburg J.A."