DATE: 20030711

DOCKET: C39488

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (respondent) –and– JONATHAN HARTE (Appellant)

BEFORE: CATZMAN, FELDMAN and GILLESE JJ.A.

COUNSEL: Jonathan Harte, the appellant, in person Daniel J. Brodsky, amicus curiae Riun Shandler, for the respondent

HEARD: July 9, 2003

On appeal from the disposition of the Ontario Review Board dated May 10, 2002 ordering the appellant’s detention.

E N D O R S E M E N T

[1] We have considered, with care, the submissions made by Mr. Harte and by Mr. Brodsky, who appeared as amicus curiae, and have had regard, with the consent of Mr. Shandler, to the material filed in court by Mr. Harte at the opening of this appeal.

[2] In an appeal such as the present case, the reviewing court must ask whether the Review Board’s risk assessment and disposition order was unreasonable in the sense of not being supported by reasons that bear even a somewhat probing examination: R. v. Owen, 2003 SCC 33, at para. 33. In our view, the Board’s disposition, ordering that the appellant continue to be detained but permitting the person in charge to allow him privileges identified in the Board’s order, was reasonable and was, on the evidence before the Board, the least onerous and least restrictive disposition available.

[3] Accordingly, the appeal is dismissed.

Signed: “M.A. Catzman J.A.” “K. Feldman J.A.” “E.E. Gillese J.A.”