Court File and Parties

CITATION: Clarke (Re), 2011 ONCA 774

DATE: 20111208

DOCKET: C53955

COURT OF APPEAL FOR ONTARIO

Laskin and Feldman JJ.A. and Himel J. (Ad Hoc)

IN THE MATTER OF: James Clarke

Counsel: James Clarke, appearing in person Anita Szigeti, as amicus curiae Scott Latimer, for the Attorney General Julie Zamprogna, for the Regional Mental Health Care St. Thomas

Heard: December 7, 2011

On appeal against the disposition of the Ontario Review Board, dated June 16, 2011.

APPEAL BOOK ENDORSEMENT

[1] Mr. Clarke appeals the order of the Ontario Review Board under which he continues to be detained in a medium secure unit. He asks for an order that he be transferred to a minimum secure unit with community privileges or that we make a “hybrid” order.

[2] In order to interfere with the Board’s order, we must be persuaded that it is unreasonable. We cannot say that the Board’s order is unreasonable. Although the Board could have given fuller reasons for rejecting a hybrid order, the evidence in the record supports its disposition.

[3] Mr. Clarke’s treating psychiatrist testified that he is a high risk to reoffend; at the time of the hearing he had been at St. Thomas Care for three months; and he has yet to undergo psychiatric testing. The fresh evidence filed before us further supports the Board’s disposition.

[4] The appeal is dismissed.