Court File and Parties

CITATION: Ontario Shores Centre For Mental Health Sciences v. Kelly, 2010 ONCA 140

DATE: 20100226

DOCKET: C50933

COURT OF APPEAL FOR ONTARIO

Sharpe, LaForme and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen Ontario Shores Centre For Mental Health Sciences

Respondents

and

Howard Kelly

Appellant

Counsel: Howard Kelly in person Anita Szigeti as amicus curiae Gillian Roberts, for the respondent Barbara Walker-Renshaw, for the respondent Ontario Shores Centre For Mental Health Sciences

Heard & released orally: February 22, 2010

On appeal from the order of the Ontario Review Board dated August 12, 2009.

ENDORSEMENT

[1] We are not persuaded that the Board’s decision denying the appellant an absolute or a conditional discharge was unreasonable. That said, we are concerned that as matters stand, there appears to be little movement towards integrating this appellant into the community. We recognize that the appellant has been non-compliant to certain rules and the fresh evidence as to his elopement is certainly a matter of concern. On the other hand, he has accepted the need for continuing treatment and it is imperative that close attention be paid both by the institution and by the Board to the objective of his ultimate reintegration into the community.

[2] On the record before us we see no basis to interfere with the Board’s decision but we emphasize the need to avoid a situation of impasse whereby the appellant would remain institutionalized without any hope for the future.

[3] Accordingly, the appeal is dismissed.

“Robert J. Sharpe J.A.”

“H.S. LaForme J.A.”

“Paul Rouleau J.A.”