Court of Appeal for Ontario
Date: 2019-06-17 Docket: C66284
Judges: Doherty, Watt and Pardu JJ.A.
In the Matter of: Abdirasak Hassan
An Appeal Under Part XX.1 of the Code
Counsel:
- Anita Szigeti, for the appellant
- Lorna Bolton, for the Crown
- Gavin S. MacKenzie, for the Person in Charge of the Centre for Addiction and Mental Health
Heard: June 14, 2019
On appeal against the disposition of the Ontario Review Board dated November 29, 2018.
Appeal Book Endorsement
1The appellant appeals from a hybrid disposition ordered by the Ontario Review Board.
2A single ground of appeal is advanced on the appellant's behalf. That ground is that the Board failed to consider the appellant's liberty interest when imposing a detention order requiring detention on the Secure Forensic Unit with a discretion to transfer to the General Forensic Unit rather than immediate transfer to the General Forensic Unit.
3In our view, this argument cannot prevail. We are satisfied that reading the reasons of the Board as a whole, they were faithful to the requirements imposed on them by Pinet v. St. Thomas Psychiatric Hospital, [2004] 1 S.C.R. 528, 2004 SCC 21, at para. 19.
4The appeal is dismissed.