COURT OF APPEAL FOR ONTARIO
Gillese, Watt and Tulloch JJ.A.
IN THE MATTER OF: CHRISTOPHER JAEGER
AN APPEAL UNDER PART XX.1 OF THE CODE
Jill Presser and Jeff Marshman, for the appellant
Michael Fawcett, for the Crown
Janice Blackburn, for the Person in Charge of Waypoint Centre for Mental Health Care
Heard: February 5, 2016
On appeal against the disposition of the Ontario Review Board dated, May 11, 2015.
APPEAL BOOK ENDORSEMENT
1The appellant appeals the ORB disposition on the basis that:
(1) the Board failed to address the “treatment impasse apparent on the record”; and
(2) the Board erred in admitting into evidence an email from the Hospital.
2We accept neither submission.
Alleged Treatment Impasse
3At the hearing, everyone agreed that the appellant remains a significant threat to public safety and his continued detention at the provincial maximum secure forensic facility remains appropriate. The only question was whether his next annual review should be expedited to occur six months early.
4There is no evidence on the record to suggest a treatment impasse. It is telling that no one suggested at the hearing that there was an impasse. Furthermore, there was clear evidence that Mr. Jaeger has made progress in the past.
Hearsay Evidence
5The Board has a wide latitude to accept hearsay evidence: Ranieri (Re), 2015 ONCA 444, at para. 16. The email was provided to ensure that the record was complete and accurate. Counsel for the appellant was invited to review it prior to its admission. And, in any event, the email was of little relevance.
DISPOSITION
6The appeal is dismissed.