Court File and Parties

CITATION: R. v. Faichney, 2009 ONCA 30

DATE: 20090114

DOCKET: C48868

COURT OF APPEAL FOR ONTARIO

Doherty, MacPherson and Lang JJ.A.

BETWEEN:

Her Majesty the Queen Respondent

and

James Faichney Appellant

Counsel: Suzan E. Fraser, for the appellant Dena Bonnet, for the respondent Connie Vernon, for the hospital administrator

Heard: January 12, 2009

On appeal from the disposition of the Ontario Review Board dated March 20, 2008.

APPEAL BOOK ENDORSEMENT

[1] We are satisfied that the reasons, considered in the context of the evidence and the position of the parties, are adequate and demonstrate a reasoned road to the Board’s conclusion. The appellant quite properly acknowledges that the result is not unreasonable.

[2] Counsel for the appellant (not Ms. Fraser) made only passing reference to the appellant’s aboriginal background in his submissions before the Board. The Board made no reference to his background in its reasons. It is unclear how that background may have been relevant. However, it is our understanding that at the next hearing (two days from now), counsel will be raising the issue and may request a Gladue type report. We draw the Board’s attention to the decision of this court in R. v. Sim (unreported October 20, 2005).

[3] The appeal is dismissed.