Court File and Parties

CITATION: R. v. Warner, 2010 ONCA 239

DATE: 20100401

DOCKET: C51057

COURT OF APPEAL FOR ONTARIO

Doherty, Moldaver and Epstein JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Michael Warner

Appellant

and

Person In Charge of the Centre for Addiction and Mental Health

Respondent

Daniel Moore, for the appellant

Randy Schwartz, for the Crown respondent

Jean Buie, for the respondent, Person In Charge of the Centre for Addiction and Mental Health

Heard and orally released: March 29, 2010

On appeal from the disposition entered by the Ontario Review Board, dated May 28, 2009.

ENDORSEMENT

[1] The hospital report of April 16, 2009 and the testimony of the appellant’s treating psychiatrist provided a basis upon which the Board could reasonably conclude that the appellant posed a significant threat to the safety of the public, in particular the victim of the index offence, and the appellant’s own family members, were the appellant to be discharged absolutely. The evidentiary features that supported the Board’s finding included:

• The nature of the appellant’s mental illness, schizoaffective disorder – bipolar type;

• The appellant’s expressed intention to cease his medication if not under any Board order;

• The appellant’s lack of insight into his illness and the manifestations of that illness;

• The appellant’s continued erotic fixation and preoccupation with the victim of the index offence; and

• The risk that the appellant, if unmedicated, would redevelop persecutory delusions that could cause him to believe he had to act to protect himself from his own family members.

[2] This was a close case. The appellant is showing considerable progress. Hopefully, that progress will continue through to the next Board hearing.

[3] The appeal is dismissed.

“Doherty J.A.”

“M.J. Moldaver J.A.”

“Gloria Epstein J.A.”