Court of Appeal for Ontario

Date: 2017-03-24 Docket: C62464 Judges: Doherty, Huscroft and Miller, JJ.A.

In the Matter of: Elizabeth Petroniuk

An Appeal Under Part XX.1 of the Code

Counsel:

• Daniel F. Moore for the appellant
• Michelle Campbell and Gavin S. MacKenzie for the respondent

Heard and released orally: March 24, 2017

On appeal against the disposition of the Ontario Review Board dated June 8, 2016.

Endorsement

[1] The appellant argues that the Board erred in concluding that she continues to pose a significant threat to the safety of the public and that the continuation of the detention order is the least restrictive measure to deal with that risk.

[2] We disagree.

[3] The expert evidence is uncontested. The appellant suffers from schizophrenia and continues to express the same delusional beliefs that were present when she committed the index offense, which involved the physical assault of her mother. The appellant has no insight into her condition and would discontinue her treatment if given an absolute discharge.

[4] Dr. Iosef, the appellant's psychiatrist, acknowledged that the appellant is ready for community placement, but the appellant rejected placement when it was offered to her in the past. However, counsel informed the court that since the appeal in this matter was filed, the appellant has been placed in supervised accommodation in the community.

[5] This is a positive development for the appellant. Nevertheless, it does not undermine the reasonableness of the Board's conclusion that the appellant continues to pose a significant threat to the safety of the public, and that conditional discharge would be inadequate to manage the risk posed by the appellant. The Hospital's ability to approve the appellant's accommodation is possible only if a detention order remains in place.

[6] In all of these circumstances the decision of the Board is supported by the record and is reasonable.

[7] The appeal is dismissed.