Court of Appeal for Ontario

CITATION: R. v. O'Donnell, 2009 ONCA 725

DATE: 20091016

DOCKET: C50396

Laskin, Sharpe and Watt JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Frederick O’Donnell and the Mental Health Centre Penetanguishene Oak Ridges Division

Appellant

Frederick O’Donnell, appearing in person

Suzan E. Fraser, as amicus curiae for the appellant

Andreea Baiasu, for the respondent

Heard and released orally: October 7, 2009

On appeal from the decision of the Ontario Review Board dated December 31, 2008.

ENDORSEMENT

[1] The Board’s use of the word “appropriate” must be seen in the context of what the Board was being asked to do. It was being asked solely to consider whether to order an independent assessment at the Royal Ottawa Hospital. Mr. O’Donnell was not asking to be transferred to a medium security institution. Through his counsel, he did not challenge his continued detention at Oak Ridge. He accepted that he should remain there.

[2] The Board concluded that an independent assessment was unnecessary. In so concluding, the Board relied on the evidence of Dr. Ramshaw. There was no contrary evidence. In the light of the evidence before the Board, we are not persuaded that its conclusion was unreasonable or affected by any legal error.

[3] Accordingly, the appeal is dismissed.

“John Laskin J.A.”

“Robert J. Sharpe J.A.”

“David Watt J.A.”