DATE: 20040608

DOCKET: C41173

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – FRANK DALE SHEPHERD (Appellant)

BEFORE:

ABELLA, MOLDAVER and BORINS JJ.A.

COUNSEL:

Frank Shepherd

in person

Michael Davies

as amicus curiae

Riun Shandler

for the respondent

HEARD AND ENDORSED:

June 7, 2004

On appeal from the disposition of the Ontario Review Board dated November 27, 2003.

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

[1] Although the Board did not have the benefit of the most recent jurisprudence from the SCC, it is clear from the reasons that the conditions imposed were the “least onerous and restrictive possible”.

[2] Overall, the Board’s decision was reasonable and consistent with the available evidence.

[3] Accordingly, the appeal is dismissed.