Court File and Parties

CITATION: R. v. Clarke, 2010 ONCA 725

DATE: 20101029

DOCKET: C51853

COURT OF APPEAL FOR ONTARIO

Sharpe, MacFarland and Rouleau JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

And

Nathan Clarke and the Centre for Addiction and Mental Health

Appellant

Counsel: Amicus – Breese Davies, for the appellant Nathan Clarke Maura Jette, for Her Majesty the Queen Jean Buie, for the Centre for Addiction and Mental Health

Heard: October 28, 2010

On appeal from the order of the Ontario Review Board dated March 5, 2010.

APPEAL BOOK ENDORSEMENT

[1] The appellant asks to be moved to another part of the facility so that he will be treated by a different team of doctors. The only live issue before the ORB and the sole issue on this appeal is whether there is a “treatment impasse”.

[2] We do not agree with the submission that the Board’s refusal to find a “treatment impasse” was unreasonable on this record. The treatment team does have a plan in place that involves trying different ways of administering medication and trying a different medication. That plan is still underway. Indeed, as the Board noted in its reasons, that plan includes considering transferring the appellant to the other treatment team if there is no improvement in the next 2 or 3 months.

[3] Accordingly, the appeal is dismissed.