R. v. Breitwieser, 2010 ONCA 732

CITATION: R. v. Breitwieser, 2010 ONCA 732

DATE: 20101102

DOCKET: C52086

COURT OF APPEAL FOR ONTARIO

Sharpe, Rouleau and Epstein JJ.A.

BETWEEN

Her Majesty the Queen and person in charge of the Regional Mental Health Centre St. Thomas, St. Joseph’s Health Care London

Respondents

and

Alf Breitwieser

Appellant

Joseph Di Luca, amicus for the appellant Alf Breitwieser

Andrea Baiasu, for the respondent

Heard: October 29, 2010

On appeal from the order of the Ontario Review Board dated January 22, 2010.

APPEAL BOOK ENDORSEMENT

[1] In our view, the Board’s determination that the appellant posed a significant threat to the safety of the public and that the least onerous and least restrictive disposition was to detain the appellant in the medium security facility was reasonable in light of the evidence. The appellant offers different explanations or interpretations of the facts that the Board was not prepared to accept. Factual findings of this nature are within the province of the Board and as the Board’s findings are reasonable, there is no basis upon which we can interfere.

[2] Appeal dismissed.