Court of Appeal for Ontario
Date: 2004-10-14 Docket: C41238
In the Matter of an Order made by the Ontario Review Board pursuant to ss. 672.83(1) of the Criminal Code
Re: Junaid Shaikh (Appellant) -and- Whitby Mental Health Centre and Her Majesty the Queen in Right of Ontario (Ministry of the Attorney General) (Respondents)
Before: Simmons and Gillese JJ.A. and Hennessy J. (ad hoc)
Counsel: Anthony J. Balka, for the appellant Sonal Gandhi, for the respondent Whitby Mental Health Centre Melissa Ragsdale, for the respondent Her Majesty the Queen in Right of Ontario (Ministry of the Attorney General)
Heard and Endorsed: October 13, 2004
On appeal from the disposition of the Ontario Review Board dated November 14, 2003.
Appeal Book Endorsement
[1] The appellant appeals from an order of the Ontario Review Board directing his continued detention at the Whitby Mental Health Centre subject to certain conditions. He contends that the Ontario Review Board made findings not supported by the evidence and that the evidence as a whole did not support a finding that he continued to pose a significant threat. We reject the appellant’s submissions.
[2] The index offense was criminal harassment. The evidence confirms that the appellant suffers from a major mental illness, that he had continued interest in and feelings for the victim, that he continued to believe there was a binding marriage contract in effect, and that his treating psychiatrist was of the view that he would discontinue his medication if external controls were removed. The appellant’s treating psychiatrist and the Administrator’s report both opined that the appellant continues to pose a significant threat.
[3] In these circumstances, the Ontario Review Board’s conclusion that the appellant continues to pose a significant threat was not unreasonable. The evidence was sufficient to support the conditions the Ontario Review Board imposed.
[4] The fresh evidence, which we admit in accordance with R. v. Owen (2003), SCC 33, confirms this.
[5] The appeal is therefore dismissed.