Court of Appeal for Ontario
CITATION: R. v. Gacek, 2010 ONCA 774
DATE: 20101116
DOCKET: C51163
BEFORE: O’Connor A.C.J.O., Simmons and Watt JJ.A.
BETWEEN
Her Majesty the Queen
Respondent
and
David Gacek and the Centre for Addiction and Mental Health
Appellant
COUNSEL:
David Gacek, appearing in person Suzan E. Fraser, amicus curiae
Amanda Rubaszek, for the respondent Jean Buie, for the Centre of Addiction and Mental Health
Heard and orally released: November 9, 2010 On appeal from the disposition of the Ontario Review Board dated, August 31, 2009.
ENDORSEMENT
[1] This is an appeal from the disposition of the Ontario Review Board dated August 31, 2009 with reasons delivered on October 9, 2009. The notice of appeal was filed on October 26, 2009.
[2] This appeal has been overtaken by a hearing of the Board held on September 15, 2010 and a decision and disposition of the Board made on September 22, 2010. Reasons for that decision and disposition have not yet been delivered. The decision made on September 22, 2010 resulted from an application by CAMH to increase the restrictions on the appellant’s liberty.
[3] We are concerned about the delay that has taken place in bringing this appeal on for hearing.
[4] It appears that the Crown did not order the transcript of the hearing that led to the disposition under appeal until May 7, 2010. It also appears that when the court sought to fix a date, some further delay was caused by the unavailability of [then] Crown counsel and [then] counsel for CAMH.
[5] We also note that there was delay at the Board in conducting the restriction of liberty hearing referred to above. CAMH imposed the restrictions in issue in March 2010. The hearing was originally scheduled for April 30, 2010 and was adjourned to September 15, 2010. In the result, that hearing was combined with the appellant’s next annual review.
[6] The appellant, through amicus, has indicated an intention to appeal the decision and disposition of the Board rendered on September 22, 2010. Given these events, we consider it in the interests of justice to adjourn this appeal to be heard together with the proposed appeals referred to above. Accordingly, we order as follows:
This appeal is adjourned to a date to be fixed by the Registrar;
The Crown shall immediately order the transcript of the hearing of September 15, 2010; and
Ms. Fraser is appointed amicus curiae to assist the appellant with respect to the proposed appeals.
[7] Justice Watt has agreed to case manage these appeals with a view to having them heard as soon as possible. It will be helpful if the Board is able to release its reasons with respect to the September 15, 2010 hearing within three to four months from the date of the hearing, which is the guideline recommended by this court absent exceptional circumstances. We ask that a copy of this endorsement and order shall be sent to the Board.
“D. O’Connor A.C.J.O.”
“J. Simmons J.A.”
“David Watt J.A.”