Court of Appeal for Ontario

Citation: Lamb (Re), 2014 ONCA 169

Date: 2014-03-03

Docket: C56891

Judges: Laskin, Juriansz and Watt JJ.A.

In the Matter of: Phillip Lamb

An Appeal under Part XX.1 of the Code

Counsel: Phillip Lamb, appearing in person Joseph DiLuca, amicus curiae Mary-Ellen Hurman, for the Attorney General of Ontario Gavin S. MacKenzie, for the Centre for Addiction and Mental Health

Heard and released orally: February 28, 2014

On appeal against the disposition of the Ontario Review Board dated, April 4, 2013.

Endorsement

[1] It was common ground before the Board that the appellant was a significant threat to the safety of the public. It follows from the uncontested nature of this finding, which remains the case on appeal, that an absolute discharge was not available in this case.

[2] The Board considered whether a conditional discharge was appropriate and concluded that it was not. Their conclusion that a detention order was the least onerous and least restrictive disposition was fully supported by the evidence adduced at the hearing. That conclusion was not tainted by legal error or by any misapprehension of the evidence and is plainly reasonable. We observe that, in light of the fresh evidence that the appellant is currently incapable of consenting to treatment, a conditional discharge is not an option available to us today.

[3] The appellant’s next annual review is scheduled for March 4, 2014 when it will be open to him to advance once again his case for a conditional discharge.

[4] The appeal is dismissed.

"John Laskin J.A."

"R.G. Juriansz J.A."

"David Watt J.A."