Court File and Parties

CITATION: R. v. Robertson, 2008 ONCA 684

DATE: 20080926

DOCKET: C48053

COURT OF APPEAL FOR ONTARIO

Doherty, Laskin and MacPherson JJ.A.

BETWEEN

Her Majesty The Queen

Respondent

and

James Douglas Robertson

Appellant

Counsel:

James Douglas Robertson, in person.

Riun Shandler, for the respondent

Daniel Brodsky, as amicus curiae

Heard: September 26, 2008.

On appeal from the conviction entered on October 24, 2007 by Justice Michael R. Dambrot of the Superior Court of Justice.

APPEAL BOOK ENDORSEMENT

[1] The conviction appeal cannot succeed.

[2] Submissions based on alleged constitutional violations in the first trial before Grossi J. cannot justify any relief in their own. The court quashed the conviction entered by Grossi J. and ordered a new trial. That trial took place before Dambrot J. To the extent that the alleged violations are relevant to the motions brought before Dambrot J., those alleged violations have been considered by us in that context.

[3] Dambrot J. understood the two “defences” advanced by the appellant (ie. the s. 27 and s. 37 claims). He rejected both and in doing so did not err in law or misapprehend any of the agreed upon facts placed before him. We agree with Justice Dambrot’s reasoned rejection of the s. 11(b) and s. 7 claims on the stay motion.

[4] In the course of a dialogue with counsel Dambrot J. misspoke when he referred to a finding of guilt followed by an NCR-M.D. verdict. In fact what he clearly meant was that he was satisfied beyond a reasonable doubt that the appellant committed the acts alleged against him but that he was NCR-M.D. The entirety of the record leaves no doubt as to the verdict rendered. That is the very verdict Dambrot J. was invited to return once he rejected the other “defences”. We would add that both the “defences” were in fact based on delusions caused by mental disorder and therefore properly considered, not

as grounds for acquitting, but as grounds for a NCR-M.D. verdict.

[5] Appeal dismissed.

“Doherty J.A.”

“John Laskin J.A.”

“J.C. MacPherson J.A.”