Court of Appeal for Ontario

Citation: Jaeger (Re) 2014 ONCA 861

Date: 2014-12-01

Docket: C58352

Judges: Doherty, Feldman and Epstein JJ.A.

In the Matter of: Christopher Brett Jaeger

An Appeal under Part XX.1 of the Code

Counsel: Christopher Brett Jaeger, acting in person Lucy Saunders, appearing as amicus curiae Amanda Rubaszek, for the Attorney General Janice Blackburn, for Waypoint Centre for Mental Health Care Melanie de Wit, for Ontario Shores Centre for Mental Health Sciences

Heard: November 28, 2014

On appeal against the disposition of the Ontario Review Board dated, January 7, 2014.

Appeal Book Endorsement

[1] The appellant conceded that he represented a significant threat to the safety of the public and the need for a custodial order. The sole issue before the Board was whether the appellant should remain at Ontario Shores or be transferred to Waypoint.

[2] The Board considered whether the appellant could continue to be managed and treated at Ontario Shores and implicitly, if not explicitly, concluded that he could not.

[3] The Board went on to recognize that the appellant’s continued detention in Ontario Shores was more restrictive than would be a transfer to Waypoint. The Board’s decision to have the appellant transferred to Waypoint was reasonable and was based on a correct application of the appropriate legal test. It is entitled to considerable deference. We see no basis to interfere. The appeal is dismissed.