Court File and Parties

CITATION: R. v. Markowitz, 2008 ONCA 233

DATE: 20080402

DOCKET: C47673

COURT OF APPEAL FOR ONTARIO

DOHERTY, MOLDAVER and CRONK JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN

Respondent

and

LEWIS MARKOWITZ

Appellant

Lewis Markowitz appearing in person Michael Davies as amicus curiae for the appellant

Eliott Behar for the respondent and Jean Buie for CAMH

Heard: March 31, 2008

On appeal from the finding of Not Criminally Responsible on account of mental disorder made by Schneider J. of the Ontario Court of Justice on September 27, 2006; and on appeal from the disposition of the Ontario Review Board dated March 29, 2007.

APPEAL BOOK ENDORSEMENT

[1] The plea was unequivocal when entered and the inquiry made by counsel and the trial judge on the subsequent appearance confirmed that the appellant intended to plead guilty. There was no dispute with respect to fitness. The plea stands. The appeal from the NCR finding is dismissed.

[2] The appeal from the Board’s order is moot. We are assured that Mr. Markowitz will be moved to Whitby on Thursday of this week. Counsel will confirm that the move has occurred and advise the court.