DATE: 20040716

DOCKET: C41240

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and – ADRIAN IAN DIXON (Appellant)

BEFORE: WEILER, SHARPE and SIMMONS JJ.A.

COUNSEL: Suzan E. Fraser, 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 October 2, 2003.

E N D O R S E M E N T

[1] The appellant and the amicus submitted that the Board dwelt unduly on the appellant’s past criminal behaviour and the finding that he was a significant risk to the public was unreasonable. We do not agree. We also do not agree that the Board misapplied the test respecting the least restrictive alternative. There was psychiatric evidence capable of supporting a finding that the appellant poses a significant threat to the public. Moreover, the appellant was given a chance to live in the community previously and tested positive for cannabis. There appears to be some connection between substance abuse on his part and the chemical imbalance that results in his mental illness. Accordingly, a detention order with permission to live in the community and report every two weeks as he has been doing satisfies the least restrictive alternative standard. The appeal is accordingly dismissed.

[2] We observe, however, that the appellant is to be commended for the significant progress he has made in the recent past while he has been living in the community. Continuing progress in this respect can be brought to the attention of the board members at his next review hearing.

“K.M. Weiler J.A.”

“Robert J. Sharpe J.A.”

“Janet Simmons J.A.”