Court of Appeal for Ontario

Citation: R. v. Robertson, 2008 ONCA 681

Date: 20081006

Docket: C48271

Between:

Her Majesty the Queen Respondent

and

James Robertson Appellant

Counsel: James Douglas Robertson, in person Riun Shandler and Darrell Kloeze, for the Attorney General Daniel J. Brodsky, amicus curiae

Heard: September 26, 2008

On appeal from the disposition of the Ontario Review Board dated January 7, 2008.

APPEAL BOOK ENDORSEMENT

[1] The appellant appeals the decision of the Ontario Review Board dated 7 January 2008 which determined that the least onerous and restrictive disposition for the appellant was detention at the maximum secure facility at Oak Ridges.

[2] We see no basis for interfering with this disposition. Although there was evidence from Dr. Federoff that a medium or even mixed medium-minimum disposition might be appropriate for the appellant, the Board was entitled to favour other important components in the record that pointed strongly towards a more restrictive disposition. The Board’s conclusion was based on the appellant’s serious sexually violent history, his history of stalking, his history of institutional offences and the clear psychopathy demonstrated in the medical assessments and test results of the appellant.

[3] In our view, the Board carefully considered the criteria set out in s. 672.54 of the Criminal Code and arrived at a reasonable disposition that was supported by the evidence before it.

[4] The appeal is dismissed.