DATE: 20040716

DOCKET: C40551

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – PAUL MARTIN CONWAY (Appellant)

BEFORE: WEILER, SHARPE and SIMMONS JJ.A.

COUNSEL: Anita Szigeti amicus curiae for the appellant

Melissa Ragsdale for the respondent

HEARD: July 13, 2004

On appeal from the disposition of the Ontario Review Board dated August 1, 2003.

E N D O R S E M E N T

[1] Mr. Conway asserts that he was denied due process of law and that his Charter rights were violated because he was not personally present at his hearing. He was given the opportunity to appear and refused. Efforts were also made in advance of the hearing to find him legal counsel and he refused to sign the required documents. It would have been preferable for the Board to accede to the Crown’s submission and assign counsel to represent Mr. Conway. However, in the particular circumstances before the Board, it was open to them to proceed in Mr. Conway’s absence without appointing counsel. We would not give effect to this ground of appeal.

[2] The second issue is whether the Board failed to consider transferring Mr. Conway to a medium security institution and therefore did not give him the least onerous and least restrictive disposition. The evidence is that Mr. Conway’s condition has not changed: he continues to deny his mental illness; he continues to refuse treatment and is difficult to manage. The Board’s conclusion that, “His disruptive conduct requires that he remain in a restrictive ward in this hospital” was supported by the evidence and is not unreasonable.

[1] The appeal is therefore dismissed.

“K.M. Weiler J.A.”

“Robert J. Sharpe J.A.”

“Janet Simmons J.A.”