Court of Appeal for Ontario
Date: 2017-06-28
Docket: C63037
Judges: Strathy C.J.O., Benotto and Miller JJ.A.
In the Matter of: Andrew Wakeling
An Appeal Under Part XX.1 of the Code
Counsel:
- Daniel F. Moore and Taufiq Hashmani, for the appellant
- Gavin S. MacKenzie, for the respondent, The Person in Charge of the Centre for Addiction and Mental Health
- Peter Fraser, for the respondent, The Attorney General of Ontario
Heard: June 20, 2017
On appeal against the disposition of the Ontario Review Board, dated October 31, 2016.
Addendum
[1] After these reasons were prepared and signed, but before they were released, the court received correspondence from counsel for Mr. Wakeling. It was sent with the consent of the respondents.
[2] The correspondence attached the reasons for the ruling of July 31, 2014, which stayed the criminal harassment charge against Mr. Wakeling. In that ruling, French J. described the evidence in detail, including the effect of the offence on the victim, the assessment of Mr. Wakeling under the Mental Health Act, R.S.O. 1990, c. M.7, and the Pre-Sentence Report.
[3] Counsel for Mr. Wakeling advised that he did not have a copy of these reasons when the appeal was argued and they were not part of the record before the Board. He acknowledged that "The attached decision significantly undermines many of the arguments I made [during the appeal] and some of the factual inferences I had drawn based on the record as I knew it then were incorrect."
[4] We thank counsel for bringing this to our attention. The reasons of the trial judge do not change our reasons for dismissing the appeal.
G.R. Strathy C.J.O.
M.L. Benotto J.A.
B.W. Miller J.A.