CITATION: R. v. Szostak, 2010 ONCA 434

DATE: 20100610

DOCKET: C51388

COURT OF APPEAL FOR ONTARIO

Doherty, Moldaver and Sharpe JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Henryk Szostak

Appellant

and

Mental Health Centre of Penetanguishene

Respondent

Anita Szigeti, as amicus curiae, for the appellant

Emile Carrington, for the Crown respondent

Janice Blackburn for the Person in Charge of the Mental Health Centre of Penetanguishene

Heard: June 9, 2010

On appeal from the disposition entered by the Ontario Review Board dated November 26, 2009.

APPEAL BOOK ENDORSEMENT

[1] We see no error in the Board’s disposition. We endorse the comments of the Hon. J.W. Brooke at para. 16 of his reasons. We do not agree with amicus that the terms of para. 16 should have been incorporated as part of the formal order.

[2] That said, all counsel acknowledge the need to take all reasonable steps to obtain the necessary linguistic assistance to enable the appellant to meaningfully participate if he so wishes in the rehabilitative efforts.

[3] We join with counsel in urging the hospital to make best efforts to obtain the necessary help. No doubt, the Board will monitor the progress.

[4] The appeal is dismissed.