DATE: 20040325
DOCKET: C40536
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – LARRY BOISMIER (Appellant)
BEFORE:
WEILER, CRONK and GILLESE JJ.A
COUNSEL:
Michael Davies
for the appellant
Roger A. Pinnock
for Her Majesty the Queen
Janice E. Blackburn
for Regional Mental Health Care St. Thomas
HEARD & ENDORSED:
March 23, 2004
On appeal from the disposition of the Ontario Review Board dated August 15, 2003.
A P P E A L B O O K E N D O R S E M E N T
[1] The appellant bases his first argument on the testimony of Dr. Ellis, saying that Dr. Ellis has considerable doubt as to whether Mr. Boismier is suffering from a major mental illness. However, while Dr. Ellis did express some reservation with respect to Mr. Boismier’s diagnosis, he affirmed that he did not dispute the diagnosis and that the diagnosis was consistent with the information available to him. He was clearly of the opinion that a discharge was not an appropriate disposition in light of the risk of harm presented by Mr. Boismier.
[2] In light of these considerations, we are of the view that the Board’s decision is reasonable and supported by the evidence in the record. The decision reflects a consideration of all necessary and relevant evidence and information. In coming to this conclusion, we note that it might have been advisable for the Board to have determined the status of the lawsuit that is Mr. Boismier’s focus. However, on the evidence in this case, that information would not have affected the disposition.
[3] The Board made no error in law or principle and the disposition is the least onerous and restrictive. As a consequence, we see no basis upon which to interfere with the Board’s decision. The appeal is dismissed.