Court File and Parties

CITATION: R. v. Medcof, 2009 ONCA 880

DATE: 20091210

DOCKET: C50408

COURT OF APPEAL FOR ONTARIO

Moldaver, Simmons and Blair JJ.A.

BETWEEN:

Her Majesty the Queen

Respondent

and

William Medcof

Appellant

Counsel:

William Medcof, in person

Paul Burstein, amicus curiae for the appellant

Grace Choi, for the respondent Her Majesty the Queen

Jean D. Buie, for the respondent Centre for Addiction and Mental Health

Barbara Walker-Renshaw, for the respondent Ontario Shores Centre for Mental Health

Heard and endorsed: December 9, 2009

On appeal from the Disposition of the Ontario Review board dated March 30, 2009.

APPEAL BOOK ENDORSEMENT

[1] The appellant no longer seeks a transfer to Whitby. Instead, he seeks to have a conditional discharge imposed, in place of the order made by the Board detaining him in a medium security facility.

[2] Before the Board, the appellant was represented by counsel. No request for a conditional discharge was made.

[3] Before us, the appellant points out that although the index offences involved violence and weapons, he has not engaged in violent behaviour since 2001 and he claims that standing alone, the index offences do not warrant a finding that he poses a significant threat to the safety of the public.

[4] We would not give effect to the appellant’s submission; nor to his request that he should be given a conditional discharge.

[5] The appellant suffers from a serious psychiatric disorder. Regardless of the exact diagnosis, the Board found that he suffered from a psychotic disorder characterized by extensive paranoid and grandiose delusions. The Board further found that he is resistant to treatment, that he shows no insight into his illness and that untreated, he represents a serious risk to the safety of the public. In the circumstances, we are satisfied that the order imposed by the Board was reasonable and we see no basis for interfering.

[6] Accordingly, the appeal is dismissed.