Court of Appeal for Ontario

CITATION: R. v. Miles, 2009 ONCA 90

DATE: 20090130

DOCKET: C48745

BEFORE: Sharpe, Armstrong and Watt JJ.A.

BETWEEN:

Her Majesty The Queen Respondent

and

David Jason Miles Appellant

COUNSEL: Anita Szigeti amicus curiae for the appellant Nyranne Martin and Dena Bonnet for the respondent

HEARD: January 28, 2009

On appeal from the judgment of Justice Nicholson Duncan McRae of the Ontario Review Board dated April 22, 2008

APPEAL BOOK ENDORSEMENT

[1] We read the Board’s reasons as being responsive both to the issue of the appellant’s seclusion at Whitby and the proposal that he be transferred to Oakridge.

[2] Given the extensive evidence of the appellant’s assaultive behaviour and the intractable nature of his illness, we are not persuaded that the Board’s decision that the least onerous and restrictive disposition is that he be transferred to the maximum secure unit of the Oakridge Mental Health Centre was unreasonable.

[3] Accordingly, the appeal is dismissed.