Court of Appeal for Ontario
Date: 2020-02-28 Docket: C67176
Judges: Watt, Pardu and Roberts JJ.A.
In the Matter of: Mwafak Hannora
An Appeal Under Part XX.1 of the Code
Counsel: Andrew Menchynski, for the appellant Gavin MacDonald, for the respondent, Attorney General of Ontario No one appearing for the respondent, the Person in Charge of Ontario Shores Centre for Mental Health Sciences
Heard and released orally: February 25, 2020
On appeal against the disposition of the Ontario Review Board, dated April 17, 2019.
Reasons for Decision
1In our view, the reasons of the Board are manifestly insufficient to permit meaningful appellate review.
2The reasons do not reveal that the Board engaged in any meaningful way with the issues of conditional discharge or expansion of the community passes to up to 72 hours.
3In the result, we remit the matter to the Board, differently constituted, to conduct a new hearing to consider, among other issues, whether a conditional discharge or expanded community privileges should be imposed or included in the disposition. This new hearing should be held as expeditiously as possible, preferably in advance of the next scheduled annual review. The current disposition shall remain in effect until that time.
"David Watt J.A."
"G. Pardu J.A."
"L.B. Roberts J.A."