COURT OF APPEAL FOR ONTARIO

CITATION: Le Feuvre (Re), 2013 ONCA 743

DATE: 20131209

DOCKET: C57596

Rosenberg, Rouleau and Pardu JJ.A.

IN THE MATTER OF: GEOFFREY LE FEUVRE

AN APPEAL UNDER PART XX.1 OF THE CODE

Geoffrey Le Feuvre, appearing in person

Anita Szigeti, amicus curiae

Matthew Asma, for the respondent, Her Majesty the Queen

Michele Warner, for the Centre for Addiction and Mental Health

Heard: November 29, 2013

On appeal against the disposition of the Ontario Review Board dated, February 7, 2013.

APPEAL BOOK ENDORSEMENT

[1] In his submissions, the appellant asks that the court allow the appeal and substitute an absolute discharge.

[2] We do not agree. The evidence at the hearing demonstrates that the appellant remains a significant threat to the safety of the public.

[3] Amicus submits that in the alternative, the evidence shows that the appellant should be allowed to live in the community and moreover there is a treatment impasse and the Board should have required an independent assessment.

[4] In our view, there is no impasse at this point. The evidence before the Board was that the diagnosis had been clarified and the treatment team was continuing to try different approaches.

[5] The fresh evidence introduced by the appellant shows that there is reason to believe that the appellant may be making progress towards more access to the community. The disposition by the Board was reasonable.

[6] Accordingly, the appeal is dismissed.