Court File and Parties

CITATION: R. v. Snoek, 2008 ONCA 254

DATE: 20080407

DOCKET: C47893

COURT OF APPEAL FOR ONTARIO

DOHERTY, MOLDAVER and CRONK JJ.A.

BETWEEN:

HER MAJESTY THE QUEEN Respondent

and

DONALD NICHOLAS SNOEK Appellant

Counsel: Donald Snoek appearing in person Michael Davies as amicus curiae for the appellant Susan Ficek for the respondent Jean Buie for the CAMH

Heard: April 4, 2008

On appeal from the decision of the Ontario Review Board dated July 20, 2006.

APPEAL BOOK ENDORSEMENT

[1] The Charter issues raised by the appellant have been decided in other cases which are binding on this court. We cannot give effect to these arguments.

[2] The Board’s decision was reasonable on the record for it.

[3] The extent to which the Board should initiate its own inquiries on matters not raised by the parties must depend on the circumstances. We cannot say that the Board erred in not going beyond the material placed before it.

[4] We note that there is an outstanding appeal by the appellant against the finding of “incapacity”. That appeal should be heard as soon as possible.

[5] This appeal is dismissed.