COURT OF APPEAL FOR ONTARIO
Watt, Lauwers and Pardu JJ.A.
IN THE MATTER OF: Elizabeth Petroniuk
AN APPEAL UNDER PART XX.1 OF THE CODE
Daniel Moore, for the appellant Elizabeth Petroniuk
Grace Choi, for the respondent Crown
Gavin S. MacKenzie, for the Centre for Addiction and Mental Health
Heard: March 2, 2016
On appeal against the disposition of the Ontario Review Board dated, June 1, 2015.
APPEAL BOOK ENDORSEMENT
1The appellant challenges a disposition of the Ontario Review Board ordering her detention in the General Forensic Unit at CAMH with certain privileges, including supervised community living.
2In her factum and at the outset of counsel’s submissions here, the appellant challenged the finding that she was mentally ill. The finding of NCRMD was never challenged and demonstrates that at the time of the offence, the appellant suffered from a mental disorder. That disorder, the major mental illness of schizophrenia, persists to this day as the evidence before the Board demonstrates.
3The appellant says that the Board’s finding of “significant threat” was unreasonable. We do not agree. The Board’s finding was firmly grounded in the evidence adduced before it and is the very antithesis of unreasonable. Nor are we at all satisfied that the Board’s decision to impose a detention order rather than a conditional discharge was unreasonable or tainted by legal error.
4Finally, counsel spent some time in his submissions advocating a Community Treatment Order as an adequate alternative mechanism to ensure medication compliance and supervision. This alternative was never advanced before the Board, nor was an adequate evidentiary predicate to support its efficacy developed there. We would not give effect to it.
5The appeal is dismissed.