Court of Appeal for Ontario

Date: 2017-11-10 Docket: C63545

Judges: Watt, Brown and Roberts JJ.A.

In the Matter of: Kenneth Colaco

An Appeal Under Part XX.1 of the Criminal Code

Counsel

For the Appellant Kenneth Colaco: Daniel Medd

For the Ministry of the Attorney General: Karen Shai

For Centre for Addiction and Mental Health: Michele Warner

Hearing and Appeal

Heard: November 3, 2017

On Appeal From: The disposition of the Ontario Review Board dated February 6, 2017.

Reasons for Decision

1The appellant appeals from the disposition of the Ontario Review Board, dated February 6, 2017.

2The appellant raises a single issue on his appeal. He contends the Board erred by adding the requirement of "24-hour-a-day" supervision to what he contends was a joint submission at the hearing recommending the inclusion of a supervised community accommodation condition.

3We see no merit in this submission. The hearing transcript reveals counsel for CAMH proposed a housing clause in which the living environment would replicate the features of the appellant's then unit at CAMH with 24-hour staff supervision, locked door and staff specifically trained to address the appellant's unique needs and risks. The appellant's counsel supported CAMH's proposed housing clause.

4Accordingly, the resulting disposition of the Board incorporating the requirement for "24-hour-a-day" supervision did not mark a departure from the parties' joint submission. On the contrary, it accepted their joint submission.

5The appeal is dismissed.

6In light of this disposition, we see no need to deal with the fresh evidence CAMH seeks to admit.

David Watt J.A.

David Brown J.A.

L.B. Roberts J.A.