COURT OF APPEAL FOR ONTARIO

CITATION: Jenner (Re), 2016 ONCA 711

DATE: 20160927

DOCKET: C61589

Before: Laskin, Gillese and Watt JJ.A.

IN THE MATTER OF: BARRON JENNER

AN APPEAL UNDER PART XX.1 OF THE CODE

Counsel: Stephen Gehl, for the appellant Rebecca De Filippis, for the Crown J. Zamprogna, for the Person in Charge of Southwest Centre Forensic Mental Health Care

Heard: September 26, 2016

On appeal against the disposition of the Ontario Review Board dated, December 16, 2015.

APPEAL BOOK ENDORSEMENT

[1] The issue on this appeal is whether the Board’s disposition transferring the appellant to Waypoint was unreasonable. The appellant maintains that the disposition was unreasonable because the evidence does not show the transfer was the least onerous and least restrictive disposition.

[2] We disagree with the appellant’s position. The evidence, particularly of Dr. Desjardins and Mr. MacNeil, supported the Board’s disposition. That evidence showed that Waypoint would be better able to transition the appellant out of seclusion, and to provide the structure that the appellant needs. Accordingly, the appeal is dismissed.