DATE: 20030624

DOCKET: C38660

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. YOURI KANOUNNIKOFF (Appellant)

BEFORE:

DOHERTY, ROSENBERG and ARMSTRONG JJ.A.

COUNSEL:

Peter Thorning

for the appellant

Eric Siebenmorgen and Carol-Ann Bauman

for the respondent

HEARD & ENDORSED:

May 28, 2003

On appeal from the sentence imposed by Justice P.H. Wilkie of the Superior Court of Justice on May 9, 2002.

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

[1] The evidence adduced after the guilty pleas was sufficient to warrant a finding of guilt on the charge of endangering the safety of the airplane: R. v. Bottomley, [2000] E.W.J. No. 873 (C.A.).

[2] The parties have made a joint fresh evidence application. The evidence and, principally the evidence of Dr. Bourgit, establishes that the appellant was not criminally responsible. We would set aside the conviction and substitute findings of not criminally responsible on all three counts.

[3] We are satisfied that the determination of the appropriate disposition should be made by the Review Board as soon as possible. We are also satisfied that the appellant should be placed in the Forensic Programme at the Royal Ottawa Hospital pending the disposition hearing. He should be taken forthwith from his present place of incarceration to the Royal Ottawa Hospital.