DATE: 20031208

DOCKET: C39911

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – LISA ANN JONES (Appellant)

BEFORE:

O’CONNOR A.C.J.O., FELDMAN and GILLESE JJ.A.

COUNSEL:

Joyce Chan for the appellant

Joan Barrett and Janice Blackburn for the respondent

HEARD:

December 5, 2003

A P P E A L B O O K E N D O R S E M E N T

[1] In our view, the Board’s disposition was reasonable and ought not to be interfered with. The Board made a finding in April of 2002 that Ms. Jones posed a significant threat to public safety. The evidence is clear that thereafter her conduct, both while in hospital and in the community, deteriorated such that the threat to public safety was, if anything, greater.

[2] There is nothing in the evidence on the record to support the contention that the proceedings that led to the hearing in January 2003 were undertaken for purposes of administrative convenience.

[3] As a consequence, we are satisfied that there is ample evidence to support the Board’s conclusion in January 2003 that the appellant posed a significant threat to the public safety and that a detention order pursuant to s. 672.54.(c) is the least onerous and least restrictive disposition.

[4] For these reasons, the appeal is dismissed.

“E.E. Gillese J.A.”