Court of Appeal for Ontario

CITATION: Gonzalez (Re), 2015 ONCA 650 DATE: 20150929 DOCKET: C60190

BEFORE: Doherty, Tulloch and Huscroft JJ.A.

IN THE MATTER OF GUSTAVO GONZALEZ AN APPEAL UNDER PART XX.1 OF THE CODE

COUNSEL: Andrew Menchynski and Cate Martell, for the appellant Kimberley Crosbie, for the Crown respondent Janice Blackburn, for Waypoint Center for Mental Health Care

HEARD: September 18, 2015

On appeal against the disposition of the Ontario Review board, dated November 18, 2014.

APPEAL BOOK ENDORSEMENT

[1] There is no basis upon which to interfere with the Board’s finding that the appellant poses a significant risk to the public. The detention order was warranted.

[2] Counsel for the appellant argues that a treatment impasse has been reached and the time has come for the Board to exercise its jurisdiction, as recognized in Mazzei v. British Columbia (Director of Adult Forensic Psychiatric Services), 2006 SCC 7, [2006] 1 S.C.R. 326, to order some form of alternative assessment with a view to ending the treatment impasse.

[3] There is merit to the argument and indeed the Board has referred to the possibility of a treatment impasse in its earlier decisions. The Board was not asked to make any kind of order in relation to the treatment impasse at this hearing.

[4] The appeal is dismissed. The appellant has an annual review scheduled for November. The Board will no doubt give careful consideration to exercising the jurisdiction described at para. 42 of Mazzei. The hospital should be prepared to assist the Board in that regard.