Court of Appeal for Ontario
Judges: Doherty, Cronk and Hourigan JJ.A.
IN THE MATTER OF GAURAV KALRA
AN APPEAL UNDER PART XX.1 OF THE CODE
Counsel: Andrew Menchynski, for the appellant Kevin Rawluk, for the Crown respondent Michelle O’Bonsawin, for the Brockville Mental Health Centre
Heard: April 1, 2015
On appeal against the disposition of the Ontario Review board, dated July 9, 2014.
APPEAL BOOK ENDORSEMENT
1Considering the entirety of the record, including the earlier disposition of this court and the medical evidence before the Board, we cannot say that the Board’s order continuing the status quo (conditional discharge) was unreasonable or reflected a failure to approach its task in accordance with the binding authorities. We do not read Winko as requiring that the Board identify a specific risk or harm in its assessment.
2The evidence referable to certain cultural reactions to mental illness was not challenged before the Board. In any event, the Board dealt with the attitude of the appellant’s parents toward his illness as opposed to the merits of the cultural explanation for that attitude. The Board was correct in taking that approach and did not misapprehend that evidence.
3The appeal is dismissed.