Court of Appeal for Ontario
Date: 2017-01-16 Docket: C62314
Judges: Feldman, Rouleau and van Rensburg JJ.A.
In the Matter of: David Staniszewski
An Appeal Under Part XX.1 of the Code
Counsel
For the Appellant: Michael Davies
For Brockville Mental Health Centre: Michelle O'Bonsawin
For the Attorney General of Ontario: Rochelle Direnfeld
Hearing and Decision
Heard: January 12, 2017
On appeal against the disposition of the Ontario Review Board dated May 13, 2016.
Appeal Book Endorsement
[1] The appellant raises three grounds of appeal:
the Board did not apply the Winko test in concluding that the appellant remains a significant threat to the safety of the public and in failing to order an absolute discharge;
the Board erred in failing to order a conditional discharge;
because of the inability of North Bay to receive the appellant as contemplated, the conditions in #5 of the disposition should be amended to allow the hospital to allow the appellant, in its discretion, to live in approved accommodation in the community.
[2] We would not give effect to the first two grounds. The Board properly considered the Winko test and all of the evidence in concluding that the appellant continues to pose a significant threat to the safety of the public and that a discharge was not an appropriate disposition at this time.
[3] The Hospital fairly agreed that in light of the unanticipated inability of North Bay to receive the appellant for the foreseeable future, the community living condition that was provided for North Bay should be available now to the appellant in Brockville. We agree.
[4] The appeal is allowed to that extent.