Court File and Parties

CITATION: R. v. Delagrave, 2010 ONCA 116

DATE: 20100210

DOCKET: C50999

COURT OF APPEAL FOR ONTARIO

Goudge, Juriansz and Watt JJ.A.

BETWEEN:

Her Majesty the Queen

Appellant

and

Jean Delagrave

Respondent

Counsel: Grace Choi, for the appellant D. Midanik, for the respondent

Heard: February 9, 2010

On appeal from the disposition of the Ontario Review Board dated August 4, 2009 (as amended by the order dated August 31, 2009).

APPEAL BOOK ENDORSEMENT

[1] Our role is limited to determining whether the Board’s order is unreasonable and cannot be supported by the evidence. The Crown appeals the term of the order that allows the Hospital in its discretion to grant limited community access for special purposes to the respondent. In our view there was evidence from the respondent’s treating psychiatrist that such access did not present an unacceptable risk, given the careful way the Hospital said it would manage the access. While it might have been better had there been a fuller exploration of the presentation of unanticipated stresses to the respondent, Dr. Bourget did address this to some extent, sufficient in our view for the Board to make the order it did.

[2] The Crown also seeks to amend the Board’s order by adding a condition that the respondent absolutely refrain from the use of intoxicant substances and a condition that he refrain from having in his possession any firearms ammunition or other offensive weapons. The respondent does not contest this. The Hospital’s July 2009 report recommended there terms and the Board’s review that year accepted the Hospital’s recommendations. However these conditions did not find their way into the Board’s order of that year. We would allow the appeal to the extent of attaching these two conditions which appear to have been previously inadvertently omitted.

[3] The appeal must be otherwise dismissed.