Court of Appeal for Ontario

Citation: R. v. Roberts, 2007 ONCA 727

Date: 20071022

Docket: C47201

Between:

Her Majesty the Queen

Respondent

and

Mark Roberts

Appellant

Before: Doherty, Blair JJ.A. and Then J. (ad hoc)

Counsel:

Paul Burstein as amicus curiae

M. Jetté for the respondent Jay Hammond for CAMH

Heard: October 19, 2007

On appeal from the disposition of the Ontario Review Board dated November 17, 2006 and released on May 23, 2007.

APPEAL BOOK ENDORSEMENT

[1] Although the Board gave its decision in a timely fashion, it did not provide reasons for some six months. It is crucial to the process that the reasons be made available as soon as is reasonably possible. We intend no criticism as we are unaware of the circumstances that caused the lengthy delay in the delivery of reasons in the matter. We urge the Board to take all necessary steps to ensure that reasons are delivered forthwith.

[2] We are in no position to assess whether the alleged factual errors made before the Board were errors or whether they played any role in the decision.

[3] We are told that a hearing before the Board is scheduled for next week. The appellant is represented by counsel. No doubt, she will take the steps necessary to ensure that the Board has a proper appreciation of the relevant facts. We think the Board can determine Mr. Roberts’ future status.

[4] The appeal must be dismissed.