Christian Magee (Re), 2018 ONCA 300

Case Summary

The appellant appealed a disposition of the Ontario Review Board dated April 12, 2017, regarding his placement and security regime. The appellant and Waypoint Centre for Mental Health Care argued that the Board's decision was unreasonable. The Court of Appeal upheld the Board's decision, finding it reasonable. The Board had concluded that public safety would be compromised if the appellant was transferred unless the maximum security regime at Waypoint could be effectively replicated at the receiving hospital, which would negate the purpose of transfer. The court noted that further assessment by an independent assessor remained possible at the appellant's annual hearing scheduled for early April.

Court of Appeal for Ontario

Date: 2018-03-26 Docket: C63766

Judges: Doherty, Rouleau and Miller JJ.A.

In the Matter of Christian Magee

An Appeal Under Part XX.1 of the Criminal Code

Counsel:

Dean Embry, for the appellant
Carmen Elmasry, for the Ministry of the Attorney General
Janice Blackburn, for the Person in Charge, Waypoint Centre for Mental Health Care

Heard: March 22, 2018

On appeal against the disposition of the Ontario Review Board dated April 12, 2017.

Appeal Book Endorsement

[1] The appellant and the Hospital, Waypoint, argued that the Board's decision is unreasonable. We disagree. The Board concluded that public safety would be compromised if the appellant was transferred, unless the maximum security regime at Waypoint could be effectively replicated at the hospital to which the appellant was transferred to. Were that to be done, there would seem to be no value in the transfer.

[2] We note that a possibility of a further assessment by someone who is not part of the treatment team remains, even though we are told Dr. Bradford has left Waypoint. The appellant's annual hearing is scheduled for early April. He or the Hospital may, if so advised, make submissions with respect to a further assessment and the appropriate location for that assessment.

[3] The appeal is dismissed.