DATE: 20060911

DOCKET: C44469

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) v. ANTHONY HEINEKAMP (Appellant)

BEFORE:

DOHERTY, LASKIN and BORINS JJ.A.

COUNSEL:

J.R. Schroeder and P. Burstein

for the appellant

Grace Choi

for the respondent

HEARD & ENDORSED:

September 8, 2006

On appeal from the decision of Justice H.R. Locke of the Ontario Review dated October 13, 2005.

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

[1] We are not convinced that the Board erred in its disposition of October 13, 2005. However, we do agree with counsel that there is a legitimate concern as to whether the appellant might be appropriately placed in a medium security facility other than Brockville. We are told that the appellant has a new hearing scheduled for September 14. We would ask the Board in determining the appropriate disposition to direct its attention to the question of whether some medium security facility other than Brockville might be the appropriate disposition. We, of course, do not mean to state an opinion on the question, but simply raise it as a matter worthy of the Board’s consideration.