COURT OF APPEAL FOR ONTARIO

CITATION: Abdulle (Re), 2015 ONCA 209

DATE: 20150327

DOCKET: C59218

Simmons, Juriansz and van Rensburg JJ.A.

IN THE MATTER OF: Abdirahaman Abdulle

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel:

Dean F. Embry, for the appellant

Michael Medeiros, for the respondent Ministry of the Attorney General

Michele Warner, for the respondent Centre for Addiction and Mental Health

Heard and released orally: March 13, 2015

On appeal against the disposition of the Ontario Review Board dated August 14, 2014.

ENDORSEMENT

[1] It was open to the Ontario Review Board to accept Dr. McDonald's opinion that further violence was inevitable if the appellant remained in a medium secure facility. Dr. McDonald's report addressed the issue of risk as well as the issue of criminal responsibility. His letter of opinion was placed before the Board on consent. Even Dr. Cohen acknowledged that in the absence of a medication change, the appellant's presence in the medium secure facility was a very risky situation for the hospital staff.

[2] As for the question of whether there would be enhanced security and the potential for more privileges at Waypoint, there was some evidence on both these issues before the Board. It was not unreasonable for the Board to rely on that evidence.

[3] The appeal is dismissed.

"Janet Simmons J.A."

"Russell Juriansz J.A."

"K. van Rensburg J.A."