COURT OF APPEAL FOR ONTARIO
CITATION: Labelle (Re), 2014 ONCA 799
DATE: 20141112
DOCKET: C58660
Laskin, van Rensburg and Benotto JJ.A.
IN THE MATTER OF: DENIS LABELLE
AN APPEAL UNDER PART XX.1 OF THE CODE
Bernadette Saad, for the appellant
Chris Dwornikiewicz, for the respondent
Janice Blackburn, for the Person in Charge of the Waypoint Centre for Mental Health Care, Forensic Division (Oak Ridge)
Heard: October 31, 2014
On appeal against the disposition of the Ontario Review Board dated, December 16, 2013.
APPEAL BOOK ENDORSEMENT
[1] The appellant raises two related submissions on appeal. First, he submits that the Board’s disposition revoking his transfer to Ontario Shores was unreasonable. Second, he submits that the Board’s disposition maintaining him at Waypoint was not the least onerous and restrictive disposition.
[2] We do not agree with these submissions. The Board’s disposition in April 2013 transferring the appellant to Ontario Shores was premised on his not being violent for a sustained period of time. The appellant’s assault on a co-patient in September 2013 changed his risk. Relying on Dr. Van lmpe’s evidence, the Board found that “the surprise attack on the co-patient was a very serious one and would have been more serious had available staff not been able to intervene”. The Board concluded “that this sort of behaviour is incompatible with the security and management of a patient in a less secure hospital than Waypoint, particularly with the history of violence”.
[3] This conclusion, by itself, reasonably supports the Board’s revocation of the transfer to Ontario Shores and its holding that maintaining the appellant at Waypoint is the least onerous and restrictive disposition.
[4] The appeal is dismissed.