Court of Appeal for Ontario
Date: 2017-10-25 Docket: C63417
Panel: Hoy A.C.J.O., Laskin and Blair JJ.A.
In the Matter of: Andrew Barkhouse
An Appeal Under Part XX.1 of the Code
Counsel
For Appellant, Andrew Barkhouse: Daniel Medd
For the Respondent, Her Majesty the Queen: Kathleen Farrell
For the Respondent, Person in Charge of the Centre for Addiction and Mental Health: Gavin S. MacKenzie
For the Respondent, Person in Charge of Waypoint Centre for Mental Health Care: Janice Blackburn
Heard: October 24, 2017
Appeal
On appeal against the disposition of the Ontario Review Board dated January 5, 2017.
Appeal Book Endorsement
1The appellant appeals the Disposition, dated January 5, 2017, ordering that he be detained at the Waypoint Centre for Mental Health Care – Provincial Forensic Division. His next scheduled review hearing is December 12, 2017.
2The appellant does not challenge the Board's finding that he poses a significant threat to public safety. Rather, he argues that his transfer from CAMH to Waypoint was not a "necessary and appropriate" Disposition for managing that risk. In particular, he argues that the Board failed to consider the context of his behaviour in the period prior to his Disposition hearing. He submits that his risk was being managed at CAMH until CAMH advised him that he would be transferred from CAMH and that announcement triggered the marked deterioration in his behaviour.
3He also argues that the Board did not give sufficient weight to the disruption of his therapeutic and familial relationships that would result from a transfer.
4In our view, there is no basis to interfere with the Disposition. The Board considered all of the factors set out in s. 672.54 of the Criminal Code, including the appellant's specific rehabilitation and other needs. It concluded that the appellant's risk could not be safely managed at CAMH, and that the safety concerns arising from his violence in recent months overrode the concern about disrupting his therapeutic and familial relationships.
5Its decision was reasonable and amply supported by the evidence, including the opinion of Dr. Darby.
6Accordingly, the appeal is dismissed.