R. v. Robertson, 2009 ONCA 860

CITATION: R. v. Robertson, 2009 ONCA 860

DATE: 20091204

DOCKET: C50644

COURT OF APPEAL FOR ONTARIO

Laskin, Sharpe and Gillese JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

James Douglas Robertson and the Mental Health Centre Penetanguishene Oak Ridges Division

Appellant

COUNSEL:

James Robertson, appearing in person

Anita Szigeh, amicus curiae

Janice Blackburn, for the Mental Health Centre Penetanguishene Oak Ridges Division

Riun Shandler, for the respondent

Joe Wright, for the Ontario Review Board

Heard: December 3, 2009

On appeal from the disposition of the Ontario Review Board dated June 5, 2009.

APPEAL BOOK ENDORSEMENT

[1] After a somewhat probing examination of the Board’s reasons, we are satisfied that the Board’s disposition was reasonable and fully supported by the evidence. The fresh evidence is confirmatory of its finding that the appellant remains a significant threat to public safety.

[2] The Board fully considered the appellant’s liberty interests in determining the least onerous and least restrictive disposition. It clearly concluded that detention in a maximum secure facility is necessary as public safety would be compromised by a detention order at any level below that.

[3] As for the issue of whether there was an impasse over treatment, we see no basis to intervene in that regard. The appellant was continuing treatment at the time of the Board hearing and there were other treatment alternatives the appellant could pursue at Oak Ridge.

[4] While there seems to have been some friction between the Board and amicus curiae at the hearing, we are satisfied that it occasioned no prejudice to the appellant.

[5] For the reasons given by the respondents in their factums, including those relating to the Board’s finding that any disposition other than detention at a maximum secure institution would compromise public safety, we reject the appellant’s request for an absolute discharge.

[6] Accordingly, the appeal is dismissed.