Court of Appeal for Ontario

CITATION: Ontario (Review Board) v. Petroniuk, 2015 ONCA 156

DATE: 20150310

DOCKET: C58995

Sharpe, Gillese and Benotto JJ.A.

IN THE MATTER OF: Elizabeth Petroniuk

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel: Daniel Moore, for the appellant Jason Gorda and Gavin MacKenzie, for the respondent

Heard: March 6, 2015

On appeal against the disposition of the Ontario Review Board dated, May 5, 2014.

APPEAL BOOK ENDORSEMENT

[1] In our view, there was ample evidence to support the ORB’s finding that the appellant continues to a pose a significant risk, and that the detention order is the least restrictive measure to deal with that risk.

[2] It is apparent from the submissions made before us that the appellant lacks insight into her mental illness. The index offence involved a violent assault on the appellant’s mother, which the appellant continues to regard as an act directed by God. There is a long history of non-compliance with medication and the appellant expresses a continuous desire to stop taking it. In these circumstances, the ORB’s conclusion that the appellant and the risk she poses could not be adequately managed in the community was reasonable.

[3] Accordingly, the appeal is dismissed.