DATE: 20030218
DOCKET: C38084
COURT OF APPEAL FOR ONTARIO
McMURTRY C.J.O., CRONK and ARMSTRONG JJ.A.
BETWEEN:
MICHAEL POCHAY
Appellant
- and -
THE COMMISSIONER OF CORRECTIONS CANADA
Respondent
Michael Pochay, in person
R. Jeff Anderson, for the respondent
Heard: November 27 and 29, 2002
ADDENDUM
[1] The references to s. 125(1)(b) of the Corrections and Conditional Release Act, S.C. 1992, c. 20 (the "CCRA"), contained in this court's judgment dated December 4, 2002 in this case, are in error. All references to that section should be references to s. 125(1)(a)(ii) of the CCRA.
[2] Accordingly, the reference to s. 125(1)(b) of the CCRA in paragraph 19 of the judgment dated December 4, 2002 is hereby deleted, and replaced with a reference to s. 125(1)(a)(ii) of the CCRA. In addition, the terms of s. 125(1)(b) of the CCRA, as quoted in paragraph 19 of the judgment, are deleted, and replaced with the following:
125(1) This section and section 126 apply to an offender sentenced, committed or transferred to penitentiary for the first time, otherwise than pursuant to an agreement entered into under paragraph 16(1)(b), other than an offender
(a) serving a sentence for one of the following offences, namely,
(ii) an offence set out in Schedule 1,
(vi) a criminal organization offence within the meaning of section 2 of the Criminal Code, including an offence under subsection 82(2);
[3] Paragraph 20 of the judgment dated December 4, 2002 refers to s. 1(a) of Schedule 1 of the CCRA. The wording of that section, as quoted in paragraph 20, is deleted, and replaced with the following:
- An offence under any of the following provisions of the Criminal Code, that was prosecuted by way of indictment:
(a) paragraph 81(2)(a) (causing injury with intent);
[4] Paragraphs 21, 24, 26, 27, 30, 31, 32 and 33 of the judgment dated December 4, 2002 each contain references to s. 125(1)(b) of the CCRA. In each instance, the reference to s. 125(1)(b) is deleted, and replaced with a reference to s. 125(1)(a)(ii) of the CCRA.
[5] In all other respects, the judgment of this court dated December 4, 2002 remains unchanged.
RELEASED: "FEB 18 2003"
"RRM" "Roy McMurtry C.J.O." "E.A. Cronk J.A." "Robert P. Armstrong J.A."