COURT OF APPEAL FOR ONTARIO

CITATION: Gibson (Re), 2014 ONCA 435

DATE: 20140529

DOCKET: C57954

Rosenberg, MacPherson and Lauwers JJ.A.

IN THE MATTER OF: MATTHEW GIBSON

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel:

Matthew Gibson, appearing in person

Anita Szigeti, amicus curiae

Mary Ellen Hurman, for the Crown

Janice Blackburn, for the person in charge of St. Joseph’s Healthcare Hamilton

Heard: May 27, 2014

On appeal against the disposition of the Ontario Review Board dated, November 14, 2013.

ENDORSEMENT

[1] The appellant, Matthew Gibson, appeals the Disposition Order of the Ontario Review Board (“ORB”) dated November 14, 2013, with reasons dated January 6, 2014, pursuant to which he was discharged subject to a number of conditions, including that he reside in approved accommodation and report to the person in charge of St. Joseph’s Healthcare, Hamilton, or his or her designate, not less than twice per month.

[2] The appellant, assisted by amicus, contends that the ORB erred in failing to grant an absolute discharge. His principal argument in support of this submission is that the ORB erred by concluding that he “represents a significant threat to public safety, and that a Conditional Discharge is least onerous and least restrictive in the circumstances to manage the threat that he represents.”

[3] We do not accept this submission. The ORB carefully considered the appellant’s mental state and behaviour and the hospital administrator’s report written by Dr. Padgett, who said that, absent the control offered by his current conditional discharge order, “the accused would become a significant risk to many individuals in the community.” We see no basis for interfering with the ORB’s unanimous disposition order.

[4] The appeal is dismissed.

“M. Rosenberg J.A.”

“J.C. MacPherson J.A.”

“P. Lauwers J.A.”