DATE: 20040923

DOCKET: C41934

COURT OF APPEAL FOR ONTARIO

RE: HER MAJESTY THE QUEEN (Respondent) – and IRENE NGOC LUU aka IRENE PHOI LUU aka IRENE LUU-RADLEY (Appellant)

BEFORE: WEILER, ROSENBERG JJ.A. and PARDU J. (ad hoc)

COUNSEL: James Douglas Grenkie For the appellant

Philip Perlmutter For the respondent

HEARD: September 20, 2004

RELEASED ORALLY: September 20, 2004

On appeal from the disposition of the Ontario Review Board dated October 21, 2003.

E N D O R S E M E N T

[1] There was an evidentiary basis for the finding by the Review Board that the appellant poses a significant risk of dangerousness because of her mental illness, her personality disorder and her history of not taking medication when not supervised. While the Board’s reasons could have been more fulsome, they were sufficient given the real issues before the Board. The appellant did not seriously dispute the hospital’s evidence of risk and, in effect, asked the Board to take a chance. Given the evidence, the Board could properly find that the seriousness of the risk required her continued confinement in the hospital on the terms imposed by the Board.

[2] That said, we are concerned about the lack of evidence about the possibility of managing the appellant within the community and supervising her taking of medication. Hopefully, at the appellant’s next hearing, there will be more exploration of those issues.

[3] Accordingly the appeal is dismissed.

Signed: “Karen M. Weiler J.A.”

“M. Rosenberg J.A.”

“G.I. Pardu J.A.”