COURT OF APPEAL FOR ONTARIO

CITATION: Barud (Re), 2013 ONCA 301

DATE: 20130507

DOCKET: C55609

Weiler, Gillese and Hoy JJ.A.

IN THE MATTER OF: Tiriq Barud

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel:

Tariq Barud, acting in person

Dean Embry, as amicus curiae

Janice E. Blackburn, for the Centre for Addiction and Mental Health

Tracy Kozlowski, for the Attorney General

Heard: May 6, 2013

On appeal against the disposition of the Ontario Review Board dated, March 14, 2012.

APPEAL BOOK ENDORSEMENT

[1] The appellant submits that an inference cannot be drawn from the evidence that, if granted an absolute discharge, she would likely stop taking her medication. We disagree. The slippage in attendance for psychiatric counselling in the past year, coupled with her lack of insight into the relationship between her need to take medication and her violent history of behaviour, along with the omission to take her medication at times, is evidence supporting the board’s conclusion. Dr. Eayrs’s opinion was that in the event of an absolute discharge, given that appointment attendance would become voluntary, the appellant was unlikely to continue with her medication risking future mental and behavioural deterioration. The Board’s disposition is reasonable and supported by the evidence. In view of our conclusion we need not address the Board’s comments respecting the likelihood of the appellant becoming pregnant and re-entering a post partum psychotic state.

[2] The appeal is dismissed.