Court of Appeal for Ontario

Citation: Labelle (Re), 2015 ONCA 736

Date: 2015-11-02

Docket: C60106

Before: Hoy A.C.J.O., Laskin and Pardu JJ.A.

In the Matter of: Daniel Labelle

An appeal under Part XX.1 of the Code

Counsel: Anna Cooper, for the appellant Dena Bonnet, for the respondent Crown Janice Blackburn, for the Person in Charge, Waypoint Centre for Mental Health Care

Heard and released orally: October 27, 2015

On appeal against the disposition of the Ontario Review Board dated, December 18, 2014.

Endorsement

[1] The appellant appeals the December 18, 2014 disposition of the Ontario Review Board ordering that he continue his detention at the Waypoint Centre for Mental Health Care. The appellant had requested a transfer to either the Brockville Mental Health Centre or the Providence Villa in Kingston – less secure facilities than Waypoint. The appellant argues that the Board erred in law because it failed to issue the least onerous and restrictive disposition in the circumstances. We reject this submission.

[2] The Board applied the correct test. The appellant has a history of severe violence. In the course of the prior year, the appellant violently attacked a co-patient, was involved in other altercations with co-patients, and had numerous angry, verbal outbursts in response to interactions with staff and co-workers. The appellant’s medication had been changed only five weeks before the appellant’s hearing before the Board. The Board considered the evidence of Dr. McGavin that the appellant’s illness required that he be detained in a secure hospital until his condition stabilized. The Board concluded that it was necessary for the protection of the public that he continue at Waypoint. The Board’s decision that continued detention was necessary and appropriate was reasonable and fully supported by the evidence.

[3] This appeal is accordingly dismissed.

"Alexandra Hoy A.C.J.O."

"John I. Laskin J.A."

"G. Pardu J.A."