CITATION: R. v. Gray, 2010 ONCA 803

DATE: 20101129

DOCKET: C52069

COURT OF APPEAL FOR ONTARIO

Winkler C.J.O., Sharpe and Karakatsanis JJ.A.

BETWEEN

Her Majesty the Queen

Respondent

and

Arnold Gray

Appellant

and

Regional Mental Health Care St. Thomas

Respondent

Arnold Gray, appearing in person

Anita Szigeti, Amicus Curiae

Riun Shandler, for the respondent Crown

Julie A. Zamprogna Ballés, for the respondent, St. Joseph Health Care, Regional Mental Health Care, St. Thomas

Heard and released orally: November 25, 2010

On appeal from the Disposition of the Ontario Review Board, dated April 28, 2010.

ENDORSEMENT

[1] The request for an absolute discharge was not raised before the Board. There was a reasonable basis, upon unchallenged evidence, for the Board to conclude that the appellant continues to pose a significant risk to public safety.

[2] With respect to the Board’s failure to award potential community living privileges, we cannot agree that the Board was unreasonable, on this record, in its assessment that community living was not a realistic possibility during the following year.

[3] The Board did have some information regarding the appellant’s aboriginal status and addressed the issue in their reasons. Nor are we not persuaded that the evidence relating to the appellant’s progress or lack thereof made out a case of “treatment impasse”.

[4] That said, the appellant has been under the authority of the Board for almost seven years and while he continues to pose a significant threat, he has not committed any violent offences and there has been little progress made. In our view, it is important that for the next review, the record should be supplemented with more information and a more complete analysis of the implications of his aboriginal status and a future looking plan of treatment.

[5] The appeal is dismissed.

“Winkler C.J.O.”

“Robert J. Sharpe J.A.”

“Karakatsanis J.A.”